Context:

The Ministry of Women and Child Welfare invited suggestions and comments for its Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.

Relevance:

GS-II: Polity and Governance (Government Policies and Initiatives, Issues arising out of the design and implementation of schemes)

Dimensions of the Article:

  1. Constitutional & legislative provisions related to Trafficking in India
  2. Prevalence of Human Trafficking problem in India
  3. About Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021
  4. International Conventions, Protocols and Campaigns

Click Here to read more about Constitutional & legislative provisions related to Trafficking in India and Prevalence of Human Trafficking problem in India

About Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021

Provisions of the law

  • Defines ‘Exploitation’ as: The exploitation of the prostitution of others or other forms of sexual exploitation including pornography, any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs, illegal clinical drug trials or illegal bio-medical research.
  • Offenders will also include defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.
  • A minimum of seven years which can go up to an imprisonment of 10 years and a fine of Rs 5 lakh in most cases of child trafficking.
  • Property bought via such income as well as used for trafficking can now be forfeited with provisions set in place, similar to that of the money laundering Act.
  • The National Investigation Agency (NIA) shall act as the national investigating and coordinating agency responsible for prevention and combating of trafficking in persons.
  • Once the law is enacted, the Centre will notify and establish a National Anti-Human Trafficking Committee, for ensuring overall effective implementation of the provisions of this law.

Where would the law apply?

  • The Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 extends to all citizens inside as well as outside India. It also applies to:
  • Persons on any ship or aircraft registered in India,
  • A foreign national or a stateless person who has his or her residence in India.
  • The law will apply to every offence of trafficking in persons with cross-border implications.
  • It extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking.

International Conventions, Protocols and Campaigns

  • Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000 as a part of the UN Convention Against Transnational Organised Crime.
  • The United Nations Office on Drugs and Crime (UNODC) offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement the UN Convention Against Transnational Organised Crime. The Blue Heart Campaign is an international anti-trafficking program started by the UNODC.
  • Protocol against the Smuggling of Migrants by Land, Sea and Air supplements the UN Convention Against Transnational Organised Crime and is aimed at the protection of rights of migrants and the reduction of the power and influence of organized criminal groups that abuse migrants.
  • Universal Declaration of Human Rights (1948) is a non-binding declaration that establishes the right of every human to live with dignity and prohibits slavery.

-Source: The Hindu

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