Trafficking survivors seek shield in law 

Trafficking survivors seek shield in law 

News:

Trafficking survivors have been demanding passing of the Trafficking of Persons Bill, 2018, which has been passed by the Lok Sabha but awaits approval by Rajya Sabha.

Important Facts

Need for the Bill

1. According to the Global Slavery Index, India has more than seven million victims of modern slavery. The National Crime Records Bureau reported 15,379 victims of human trafficking, 60% of them minors. The alarming figures necessitates a stringent law on the subject
2. India officially ratified the United Nations Convention against Transnational Organized Crime (UNTOC) on May, 2011.This requires the anti-trafficking provisions of the Indian Constitution, Penal Code, and other domestic legislation should be aligning with the UN Trafficking Protocol and other international treaties to which India is a party.
3. will address the loopholes in the current anti-trafficking laws. The existing laws related to anti-trafficking does not adequately deal with protection and rehabilitation of the victims.

Salient Features of the Anti-Trafficking Bill, 2018

1. The Bill addresses the issue of trafficking from the point of view of prevention, rescue and rehabilitation.
2. The Bill also classifies certain purposes of trafficking as ‘aggravated’ forms of trafficking.  These include trafficking for the purposes of: (i) forced labour, (ii) bearing children, (iii) inducing early sexual maturity by administering chemical substances or hormones, or (iv) begging.
3. The Bill proposes establishing a National Anti-Trafficking Bureau (NATB) for coordinating, monitoring, and surveillance of trafficking cases.
4. The Bill sets up various authorities at the district, state and national levels for rescue of trafficked persons and investigation of offences.
5. The Bill requires the central or state government to set up Protection Homes, to provide shelter, food, counselling, and medical services to victims.
6. It also provides for a Relief and Rehabilitation Committee and Rehabilitation Fund.
7. The Bill specifies penalties for various offences including for (i) trafficking of persons, (ii) aggravated trafficking (such as, for bonded labour and begging), and (iii) promotion of trafficking.

Major Criticisms of the Bill:

1. A major criticism of the Bill is that it deals victims of human trafficking on par with adult persons in sex work
2. Activists argue that the Bill violates the rights of defendants to a fair trial, with overbroad definitions of offences, the lack of right to anticipatory bail, presumptions of burdens of proof and stringent minimum sentences
3. Critics argue that the Bill does not address the core issues in the trafficking industry (e.g. harassment, discrimination) and is silent on alternatives for trafficking victims once they are rescued.
4. According to critics, the bill creates confusion amongst the law enforcement agencies by adding to the ambiguity in the interpretation of various existing rules on trafficking.
5. The bill fails to understand the links of trafficking with more structural issues like poverty, lack of equal opportunities and skewed development policies.