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TRAFFICKING IN PERSONS

PRESENTATION BY APARNA BHAT

aparna.bhat@gmail.com

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TRAFFICKING AND ITS MANIFESTATION

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  • COMMERCIAL SEXUAL EXPLOITATION;
  • LABOUR;
  • BEGGING;
  • ORGAN TRANSPLANT;
  • MARRIAGE
  • ADOPTIONS
  • BEGGING

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  • OTHERS
    • Crime
    • Shelter Homes
    • No clear reason

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LAWS RELATING TO TRAFFICKING

  • Penal Code;
  • Laws relating to sex trafficking;
  • Laws relating to Bonded labour;
  • Laws relating to organ trade;

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TRAFFICKING LAWS, CONTD.

  • 370. Trafficking of person.—(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by— First.—using threats, or Secondly.—using force, or any other form of coercion, or Thirdly.—by abduction, or
  • Fourthly.—by practising fraud, or deception,
  • or Fifthly.—by abuse of power,
  • or Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe person recruited, transported, harboured, transferred or received, commits the offence of trafficking.
  • Explanation 1.—The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.
  • Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.
  • (2)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
  • (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
  • (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
  • (5) Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
  • (6) If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.
  • (7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

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TRAFFICKING LAWS, CONTD

370A. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine. (2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.

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THE TRAFFICKING IN PERSONS (PREVENTION, CARE AND REHABILITATION) BILL, 2021

  • A bill to prevent and counter trafficking in persons, especially women and children, to provide for care, protection, and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them, and also to ensure prosecution of offenders, and for matters connected therewith or incidental thereto.

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KEY HIGHLIGHTS

  • Has created various agencies primarily for co-ordination;
  • Has amended the NIA Act to ensure that the NIA investigates cases of trafficking;
  • There are anti trafficking committees at the National, State and District level set up primarily for co-ordination for international, inter-state and intra-state cases;
  • Provisions are included for rehabilitation and repatriation which is formally missing/inadequate/vague in existing law;

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GOVERNMENT INITIATIVES

  • Scheme for compensation.
  • Schemes of scholarships.
  • Schemes for vocational training.
  • Schemes for education.
  • Schemes for mapping trafficking.
  • Schemes for strengthening law enforcement.
  • Schemes for running protective homes.
  • Schemes for rehabilitation of bonded labour.
  • Schemes for Public-Private partnerships.

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NEW TRENDS

  • TRAFFICKING FOR THEFT;
  • DESTINATION AREAS HAVE BECOME SOURCE AREAS FOR NEW FORMS OF TRAFFICKING;
  • TECHNOLOGY IS BEING USED IN A LARGE SCALE

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THE “SEX WORKER” ISSUE

  • There is nothing like “sex work”
  • Indian law does not allow institutionalization of trafficking;
  • Mis-representation in the media that the Supreme Court has legalized prostitution;
  • Mis-representation in the media that adult women are illegally detained;

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