Human trafficking victim will not go to jail: draft bill

Human Trafficking victims will not be sent to jail, according to the first draft bill of trafficking, which was released by Union Minister Maneka Gandhi today.

"At present the law says the trafficked and the trafficker are both criminals and they both go to jail. Now, we are saying the victim will not go to jail. We will find different ways to reform her life," the minister said after releasing the draft bill on Trafficking of Persons (Prevention, Protection and Rehabilitation).

She said decriminalisation of prostitution is a "grey area" which needs to be further discussed.

The provision was made in view of treating "victims as victims and not offenders", irrespective of the trade they are trafficked for, including sexual exploitation, which is currently punishable under Immoral Traffic (Prevention) Act, 1956.

"There is a grey area and we are going to work on it. Let the draft go through everyone. Let everybody give their suggestions to this draft to see that those grey areas become less grey. For instance, suppose a girl has been in prostitution for 15 years. Is she still a victim or she is just a part of a trade. In which case does ITPA apply to her or we do. That also has to be thought about," Gandhi said.

She said the draft bill will be on the ministry's website for a month for public consultation and inviting suggestions from NGOs and stakeholders.

"This will be on our website for a month. During that period everybody is welcome to give suggestions and ask questions," she said.

The major provisions of the "victim oriented" bill include prohibition on disclosure of identity of the victim of trafficking and witness, penal provision for the use of narcotic drug or psychotropic substance or alcohol for the purpose of trafficking, use of chemical substance or hormones for exploitation and institution mechanism.

It also has provision for registration of placement agencies, setting up of s Special Investigation Agency, Special Court and creation of Rehabilitation Fund for victims by the state governments.

"If considered as trafficking, the victim will be produced in court, the district anti-trafficking committee will decided on what happens to the victim like will get sent to home to rehabilitated or will they get change of name," Gandhi said.  

The bill recommends state governments to create specialised schemes for victims, especially for women engaged in prostitution or any other form of commercial sexual exploitation, to enable them to come forward and reintegrate into mainstream society.

The bill recommends constitution of Anti Trafficking Committees at State and district level and constitution of a Central Advisory Board.

The district level Committee would comprise of magistrate, social workers, lawyer and an official from the department women and child development. They will work for prevention, rescue, protection, medical care, psychological assistance, skill development, need based rehabilitation of victims.

The Central level Anti-Trafficking Advisory Board will oversee the implementation of the Act and advice the appropriate government on matters relating to prevention of trafficking, protection and rehabilitation of victims. 

The draft Bill plugs loopholes in existing laws and brings within its fold additional crimes pertaining to trafficking which don't find a place in the existing laws.

"India is source, destination and transit country for trafficking...Under the Bill, an institutional mechanism is also sought to be set up to deal with this highly specialized subject which will also include members from Civil Society Organizations," Gandhi said said.

Since the problem is trans-border with our neighbouring countries, protocols will also be worked out for those trafficked from other countries.

The draft Bill has taken into account the various aspects of trafficking and its punishments as defined in section 370- 373 of Indian Penal Code, 1860 and aims to include other offences/provisions which are not dealt with in any other law for the purpose of trafficking.

For speedy trial with a view to increase prosecution and to reduce the trauma faced by the victims, the proposed draft Bill provides for establishing Special Courts in each district and experienced Special Prosecutors. Recovery of back wages and other monetary losses of the victim of trafficking is also proposed.

The draft Bill provides for mandatory reporting within 24 hours by a police officer, public servant, any officer or employee of Protection Home or Special Home having custody of the victim of trafficking to the District Anti-Trafficking Committee or in case of child victim to the Child Welfare Committee.

Human trafficking is third largest organised crime after drugs and arms trade, majority of which takes place within the country. There are also a large number of trafficked from Nepal and Bangladesh.