Why in news?
The Union Cabinet has recently approved the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 for introduction.
What are the key provisions?
- Coverage - The Bill covers a wide range of forms of trafficking which includes:
- trafficking for the purpose of forced labour, begging
- trafficking by administering chemical substance or hormones on a person for the purpose of early sexual maturity
- trafficking of a woman or child for the purpose of marriage or under the pretext of marriage or after marriage, etc
- In particular, the Bill comprehensively addresses the transnational nature of the crime.
- Punishment - It specifies punishment for promoting or facilitating trafficking of person.
- The activities may include
- producing, printing, issuing or distributing unissued, tampered or fake certificates
- registration or stickers as proof of compliance with Government requirements
- procuring or facilitating the acquisition of clearances and necessary documents from Government agencies fraudulently
- Punishment ranges from rigorous imprisonment for minimum of 10 years to life, and fine of not less than Rs. 1 lakh.
- Besides, the Bill provides for the attachment and forfeiture of property and also the proceeds of crime.
- This is to break the organized nexus, both at the national and international level.
- Relief - The Bill provides for immediate protection of rescued victims and their rehabilitation.
- The Victims are entitled to interim relief immediately within 30 days to address their physical, mental trauma etc.
- Further appropriate relief within 60 days from the date of filing of charge sheet is also provided for.
- Rehabilitation - Rehabilitation is irrespective of criminal proceedings initiated against the accused or the outcome thereof.
- A specific Rehabilitation Fund for this purpose is created for the first time.
- This will be used for the physical, psychological and social well-being of the victim.
- It also for education, skill development, health care/psychological support, legal aid, safe accommodation, etc.
- Confidentiality - The confidentiality of victims/witnesses and complainants must be ensured by not disclosing their identity.
- Further the confidentiality of the victims is maintained by recording their statement through video conferencing.
- This also helps in trans-border and inter-State crimes.
- Time bound trial and repatriation of the victims, within a period of one year from taking into cognizance, is mandated.
- Mechanism - The Bill provides for designated courts in each district for the speedy trial of the cases.
- It creates dedicated institutional mechanisms at District, State and Central level.
- These will be responsible for prevention, protection, investigation and rehabilitation work related to trafficking.
- National Investigation Agency (NIA) will perform the tasks of Anti-Trafficking Bureau at the national level present under the MHA.
- The National Anti-Trafficking Bureau will -
- perform the functions of international coordination with authorities in foreign countries and international organizations
- take up international assistance in investigation
- facilitate inter-State and trans-border transfer of evidence and materials, witnesses and others for expediting prosecution
- facilitate inter-state and international video conferencing in judicial proceedings, etc
What is the significance?
- Trafficking in human beings is the third largest organized crime violating basic human rights.
- It is a global concern, also affecting a number of South Asian nations.
- But notably there is no specific law so far to deal with this crime.
- The Bill thus addresses a pervasive yet invisible crime affecting the vulnerable persons especially women and children.
- The new law will make India a pioneer in formulating a comprehensive legislation to combat trafficking.
Source: PIB