Tougher punishment for human trafficking

Those caught giving young trafficked girls chemical substances and hormones to reach sexual maturity early, making them look mature and ready for sexual activity, could now be jailed for up to 10 years and have to pay a fine of `1 lakh.

The draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill of 2016 proposes to check human trafficking, touted as the third-largest organised crime after drugs and the arms trade, by meting out tougher punishment and ensuring the protection and rehabilitation of victims. The draft bill was announced by women and child development minister Maneka Gandhi, who said on Monday that it is the “first attempt to give more power to the authorities and legal rights to the victims of trafficking”. According to the proposed bill, human trafficking victims will not be sent to jail. At present, the trafficked women and the trafficker are both considered criminals and go to prison. The act underlines a provision to treat “victims as victims, and not offenders”, irrespective of the trade they are trafficked for, including sexual exploitation which is currently punishable under the Immoral Traffic (Prevention) Act, 1956.

The major provisions of the draft bill include prohibiting the disclosure of the identity of the victim of trafficking and witnesses. The draft penalises those newspapers, magazines or audio visual media, or any other form of communication, which, regarding any investigation or judicial procedure, discloses the name, address, picture or any other particulars which may lead to the identification of the victim or the witness to a crime of trafficking.

The draft bill also calls for penal provisions for the use of narcotic drugs, or psychotropic substances or alcohol for the purpose of trafficking. It mandates registration of placement agencies; failure to do so will attract suspension, revocation and cancellation of the agency’s registration and also punishment and a fine. The draft bill makes it mandatory to constitute a “special agency” for investigation of offences falling under the provisions of the proposed bill and the creation of a “rehabilitation fund” for victims by state governments. The bill recommends the constitution of anti-trafficking committees at the state and district levels and a central advisory board. The district committee would comprise a magistrate, social workers, lawyers and an official from the department of women and child development who would work for prevention, rescue, protection, medical care, psychological assistance, skill development and need-based rehabilitation of victims.

“The Central-level anti-trafficking advisory board will oversee the implementation of the act and advise the appropriate government on matters relating to prevention of trafficking, protection and rehabilitation of victims,” added Ms Gandhi.

The draft bill provides for mandatory reporting within 24 hours by a police officer, public servant, any officer or employee of a protection home or special home having custody of the victim of trafficking, to the district anti-trafficking committee, or, if the victim is a child, to the Child Welfare Committee.