The Bill provides for immediate relief to the victim within 30 days of filing of the FIR

Trafficking in persons is a serious crime affecting a large number of people across the globe, including India. It is a multi-billion-industry which transcends national boundaries. Until recently, trafficking was not subjected to any precise definition. Early legislation which addressed the issue were found ineffective. It was only in 2013, subsequent to the Nirbhaya incident, for the first time, trafficking was included as an offence in the Indian Penal Code. Yet, the penal provisions relating to trafficking were found inadequate. With a view to give teeth to the existing legal regime, a new bill has been Mooted — the draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021. It is a comprehensive legislation that brings into its ambit all forms of human trafficking. The Bill has a victim-centric approach. The focus is on protection and rehabilitation of the victims, which is essential, and was conspicuously missing from the existing laws. It includes 23 forms of aggravated form of trafficking. The prosecution under these offences has been made timely and efficient by the designated courts and special public prosecutors, victim witness protection and protection of the identity of victims through in camera trial and video conferencing facilities. Punishment for aggravated form of trafficking in persons is rigorous imprisonment for a term of ten years that may extend to life along with a fine up to `10 lakh. The proposed legislation creates a single line of accountable institutions that brings together the existing sporadic interventions that aim to address trafficking. The National Investigation Agency (NIA) has been made the  national investigating and coordinating agency responsible for prevention and combating of trafficking as well as for investigation, prosecution and coordination in cases of trafficking.

The Bill institutionalises preventive and will address core causes that increase vulnerability to trafficking. It will enforce attachment and forfeiture of property and freeze bank accounts where the funds have been utilized to facilitate trafficking. By hitting at its economics, the Bill handicaps the organised trafficking networks. The “presumption of offences” implies that when the victims are women, children and physically and mentally disabled persons, the traffickers will be presumed to have committed the crime and the onus will be on the offenders to prove their innocence. This is reversal of the general principle of criminal law that the accused is innocent until proven guilty. The Bill provides for ‘protection homes’ and ‘rehabilitation homes’ for short- term and long-term rehabilitation of victims. The rehabilitation is to begin immediately once the FIR is registered. This provision is a great relief for the victims. The Bill also provides for immediate relief to the victim within 30 days of filing of the FIR. The National Anti-Trafficking Committee will facilitate and ensure implementation of all provisions of this legislation in coordination with the concerned agencies. State and District Anti-Trafficking Committees will ensure overall implementation of the law within the states and districts. The proposed bill is a laudable step by the policy makers. It was long overdue. It gives us a new ray of hope once it is passed in the present form. The Kailash Satyarthi Children’s Foundation (KSCF) has been for a long time in forefront among the CSOs, who had been demanding a comprehensive law dealing with all aspects of human trafficking. The proposed bill aims at plugging the loopholes in the existing legal regime and provides for robust mechanism for effectively dealing with the evil of trafficking. If all stake holders including law enforcement agencies put their heads together, no one can hinder us from achieving the ideals of our constitution, i.e., securing justice, liberty, fraternity and assuring the dignity of the individual.

(The writer is an Advocate, Supreme Court of India. The views expressed are personal.)