Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill

What is the issue?

Government is planning to introduce the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016.
There seems to be some flaws in the basic understanding and approach towards the social menace of trafficking.

What are the notable provisions?

Penalties - The Bill has stringent penalties like life imprisonment for aggravated forms of trafficking.
The burden of proof lies on the traffickers.
Also, there are provisions for stripping traffickers of their assets.
Institutions - An anti-human trafficking wing is proposed to be set up.
This would be under a central investigation agency like the National Investigation Agency.
A district-level anti-trafficking unit with an anti-trafficking police officer is also proposed.
A designated sessions court for speedy trials is also part of the provisions.
Fund - State governments need to create a Rehabilitation Fund.
This will allocate financial resources for protection homes.
They also offer legal assistance to victims and provide skill development programmes.
The fund will also be used for victim and witness protection, and for generating awareness to prevent human-trafficking.

What are the present legal protections?

The Indian Penal Code and the Immoral Traffic Prevention Act (ITPA), 1986 are noteworthy anti-trafficking provisions.
The social welfare legislation on contract and bonded labour, and inter-state migrant work are also in place.
In India, a combination of penal, labour and contract laws are used to impose obligations for better working conditions.
These clutch of laws often delay the trial process.
The Trafficking Bill would thus be an umbrella legislation in this regard.

What are the shortfalls?

Understanding - The policy makers largely mistake trafficking to be equivalent only to sex trafficking and sex work.
Thus, the criminal laws like the ITPA generally target the men traffickers.
The current definition of trafficking in Section 370 of the IPC is also not limited to sex work.
Approach - The present Trafficking Bill is clearly neoabolitionist.
This is an approach which perceives trafficking only through the sensationalist accounts of “modern slaves”.
This is seen as victimisation tricked by unscrupulous traffickers.
Their only hope for rescue is believed to be the law-enforcing personalities.
The Bill thus pursues the classic raid-rescue-rehabilitation model.
It also seems to be extending the same model beyond sex work to other labour sectors.
Machinery - The Bill also creates a range of new institutions with unclear roles.
They are offered with enormous powers including for surveillance.
However, there seems to be no accountability mechanisms.
There is no clarity on how the Bill relates to the ITPA and to labour laws.

What should be done?

The legislation should be comprehensive enough to address all forms of trafficking.
It is thus essential to create the necessary regulatory response to reduce incidence of trafficking in the first place.
The policies should consider:

There is also the need for systemic reforms to counter distress migration, and to end caste-based discrimination.
Proper enforcement of the rural employment guarantee legislation would help in this regard.
This would also avoid voluntary sex work and protect migrants’ mobility and rights.
Working on these fronts is essential for India to meet its Sustainable Development Goal 8.7.
It relates to eradicating forced labour, ending modern slavery and human trafficking, and ending child labour by 2025.

Source: The Hindu, Hindustan Times