Published on: July 4, 2021

DRAFT ANTI-TRAFFICKING BILL

DRAFT ANTI-TRAFFICKING BILL

euhemeristically What is in news : Recently the Ministry of Women and Child Development released Draft anti-trafficking Bill, the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.

Bīrganj What are its provisions :

  • It extends to all citizens inside as well as outside India
    • Persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be,
    • A foreign national or a stateless person who has his or her residence in India at the time of commission of offence under this Act, and
  • The law will apply to every offence of trafficking in persons with cross-border implications.

Victims Covered:

  • It extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking.
  • It also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.

Defines ‘Exploitation’: The exploitation of the prostitution of others or other forms of sexual exploitation including pornography, any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs, illegal clinical drug trials or illegal bio-medical research.

Government Officers as Offenders: Offenders will also include defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.

Penalty:

  • A minimum of seven years which can go up to an imprisonment of 10 years and a fine of Rs 5 lakh in most cases of child trafficking.
  • In case of the trafficking of more than one child, the penalty is now life imprisonment.
  • Property bought via such income as well as used for trafficking can now be forfeited with provisions set in place, similar to that of the money laundering Act.

Investigation Agency: The National Investigation Agency (NIA) shall act as the national investigating and coordinating agency responsible for prevention and combating of trafficking in persons.

National Anti-Human Trafficking Committee:

  • Once the law is enacted, the Centre will notify and establish a National Anti-Human Trafficking Committee, for ensuring overall effective implementation of the provisions of this law.
  • This committee will have representation from various ministries with the home secretary as the chairperson and secretary of the women and child development ministry as co-chair.
  • State and district level anti-human trafficking committees will also be constituted.