Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill 2016

The women and child development ministry recently put up the draft of the TraffickingPersons (Prevention, Protection, and Rehabilitation) Bill 2016.

• Trafficking is the third-largest organized crime and time has now come to deal with it through a single comprehensive act.
• The government is holding discussions with NGOs on the proposed bill aimed at addressing various aspects of human trafficking.

Provisions of the draft bill

• The Bill contains commitments on addressing prevention, protection, and rehabilitation of trafficked victims by introducing mandatory registration of placement agencies
• Treating trafficking as an organized crime rather than a law enforcement problem, building anti-trafficking committees at the district, state, and central level, creation of a central-level special investigative agency, and treating survivors as victims.
• Importantly, a trafficker would be considered guilty until proven innocent.
• Anti-Trafficking committees: Shall be constituted at the District and the State level for performing such functions and duties in relation to prevention, rescue, protection, medical care, psychological assistance, skill development, and need-based rehabilitation of victims.
• Central Anti–Trafficking Advisory Board shall oversee the implementation of the Act and advice the State Governments on matters relating to the prevention of trafficking, protection, and rehabilitation of victims.
• The Central Government shall constitute a Special Agency for the investigation of offenses under the provisions of the Act.
• Protection homes and Special homes shall be established and duly registered under this Act in a manner prescribed by the appropriate Government.
• State Governments shall frame Rehabilitation and Social integration programs for the rescued persons.
• Special Courts: The State Government shall in consultation with the Chief Justice of the High Court specify for each district, a Court of Session to be a Special Court for trying offences under the Act.

Why Children are trafficked?

• Vulnerability: Children form a vulnerable section of the society, who at times, due to their misplaced belief of better life away from family or due to family circumstances like poverty, emerge as easy targets for the traffickers.
• Demand for child labor: Due to availability at low wages and the ability to perform a good amount of physical work, children are often targeted for employment in domestic work and unorganised sectors. Ex. Bonded labour, agricultural labour, domestic work, construction work, carpet industry, garment industry as well as other sites of work in the formal and informal economy.
• Demand for child sex workers: Demand for young girls in the sex trade provides an incentive for human traffickers to target young girls.
• Economic deprivation: At times due to poverty, even parents resort to selling their children for money.

Impact of Trafficking

• These, trafficked children are exposed to inhumane treatment, which takes a heavy toll on them physically and psychologically.
• The most important cause and consequence of Child trafficking are AIDS – On one side, fear of AIDS, leads to a preference for young sex workers(as they are perceived to be HIV negative), thereby promoting Child trafficking. At the same time, Child sex workers are prone to HIV and AIDS as they do not have the power to negotiate for the use of condoms and can also be subjected to sexual practices mostly associated with HIV transmission.

Other laws

• There are at least 12 other laws that have provisions to deal with different kinds of trafficking.
• These include Immoral Trafficking of Persons Act, IPC Section 176(a) and 363 374, CRPC, Juvenile Justice Act, Child Labour Act, Bonded Labour Abolition Act, Prohibition of Child Marriage Act, Prevention of Child Sexual Offences, IT Act, Transplantation of Human Organs Act, Inter-state Migrant’s Workmen Act, among others.

Criticism

• The draft bill fails to clarify what it means by trafficking, and whether it includes trafficking for forced labor; what is its strategy behind prevention and protection; and what amount of money or provision of services and facilities encompass rehabilitation for a survivor.
• Importantly, the Bill seeks to create an anti-trafficking fund, but does not give the details about what would be the amount, where would the money come from, and how it would be utilised.
• The Bill is also weak on prevention and rehabilitation.
• It focuses only on an institution-based rehabilitation approach with no recognition of psychological and physiological rehabilitation.
• The care homes have no provision for health departments and what happens to a person after she comes out of institutional care is not taken care of.
• Most of the existing separate laws dealing with the known destination crimes of human trafficking (e.g., sex trade, sweatshops, beggary rackets, human organ trade, exploitation of children in the labour sector, bonded labour) are, by and large, adequate.

Measures to curb Child trafficking

• The issue also has to be addressed at the source. It is extreme poverty and deprivation that make people vulnerable to predatory traffickers.
• There has to be much greater coordination among the states on this and a mechanism to reimburse the victims.
• Collusion with Police has to be curbed, to control illegal placement agencies that lure children with the promise of employment opportunities
• The tribal areas, which are the most preferred catchment areas for traffickers must be given special focus by the authorities.
• In many cases, especially those who have been rescued from commercial sex work, the families do not accept them back. They must be rehabilitated and provided the skills to become gainfully employed.
• Bonded labour, which is also the result of a form of trafficking, should be dealt with sternly.