Does the anti-trafficking Bill address trafficking?

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Does the anti-trafficking Bill address trafficking?

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• FIRST PERSPECTIVE: YES, IT WILL. 

1. The 2013 Amendment: When the Section 370 of IPC was replaced by 370 and 370A, defining trafficking and punishment for it, a giant step was taken. But mere criminalisation isn’t enough. 
2. Need for broad legislative framework: Despite the 2013 law, trafficking has grown. Hence, the new law. 
3. Broad Bill: The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018 is being enacted  to not just criminalise it, but combat it systematically.(LS passed it in 2018) 
4. Rights and welfare of victims: This is the core of the new Bill. Aggravated forms have been defined – begging, bearing a child, purpose of marriage, using chemicals for early sexual maturity etc. Special Public  Prosecutors will prosecute such offences in a timely manner. 
5. Protections: Witness protection is ensured. Victim confidentiality through video-conferencing and in camera proceedings will help. Rehabilitation Fund is now available, for victims’ well-being. 
6. Empowering of victims : To prevent repeat trafficking, victims will be given skills, education and capital. 
7. NATB: National Anti-Trafficking Bureau will coordinate globally and inter-state for evidences. The State and District Anti-Trafficking Committees will carry out personnel sensitisation. 
8. Break the organised nexus: The forfeiture of property, and remitting its proceeds to Rehabilitation Fund will help. As will the systematically built database of criminals.

• SECOND PERSPECTIVE: NO, IT WON’T. 

1. Objective is surveillance: The Bill focusses on surveillance more than on trafficking. A bad design. 
2. Article 23 forbids human trafficking: It forbids “traffic in human beings and forced labour”. There is only one clause in the new law that criminalises the act of “buying or selling a person”. Other clauses only end  up criminalising acts that are punishable under other existing laws! 
3. Worst part: Other clauses are banning activities that are legitimate, and some even constitutionally right. 
4. Begging, Illegal immigration: It is already a crime under the Bombay Begging Act. Illegal immigration is covered under the Foreigners Act 1946, and The Passports Act 1967. Illegal immigration is definitely not an “aggravated form of trafficking” at all! 
5. Obscenity: The Bill makes even the possibility of trafficking (by spreading obscene photos/videos) an offence, so without actual trafficking happening, websites can be shut down and people prosecuted. 
6. Restricting freedom: Many such provisions of IT Act 2000 were struck down by the S.C. and the present  Bill too seems to have provisions that focus on restricting freedom. 
7. Implementation will be a nightmare: This Bill relies on the 2013 Justice Verma Committee recommended Section 370, for its provisions to take effect. It won’t be easy. More laws make it tough.

• THIRD PERSPECTIVE: IT MAY, IT MAY NOT. 

1. Crime and Punishment: The new Bill tries to solve a socio-economic problem using a crime and punishment model. It relies on police, courts and jails.

1. Positives:
1. Multiple revisions by the Ministry of WCD shows its good intent. 
2. Many provisions are good – search & seizure, rescue and medical examination, safety & care of rescued  
3. Punishment for omission of duty, etc. 
2. Negatives: 
1. Many types of trafficking not covered : commercial surrogacy, clinical trials, human organ trade, sex tourism, orphanage tourism, intergenerational trafficking etc. 
2. A new law was not needed, if existing ones could be reinforced. More confusion will happen. 
3. Today, institutional care for victims is not viewed positively (globally) but non-institutionalised is. We really do not need two new ones – Protection Homes, and Rehabilitation Homes. 
4. Section 59 overrides a better definition of victim given in the CrPC. 
5. As per the Bill’s provisions, traffickers will get themselves rescued (especially if hand in glove with police) and take compensation and capital for small business! 
6. Claiming immunity under Section 2(X) is possible! Traffickers can claim to have done it under threat or “undue personal influence” and escape prosecution.    
7. No new courts are mandated! Existing Sessions Courts are made Designated Courts. The already existing specialised ones – Immortal Traffic (Prevention) Act courts, POCSO courts, and family courts have specialised in such crimes.

• Summary : The massive crime of human trafficking may or may not be resolved through the new Bill – three perspectives.

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