New anti-trafficking law on the anvil to make punishments more stringent

The draft anti-human trafficking Bill proposes that “whoever administers any chemical substance or hormones to a trafficked women or a girl child for purpose of early sexual maturity or exploitation shall be imprisoned with a term that shall not be less than three years but may extend to five years and shall also be liable to fine which shall not be less than Rs 1 lakh.”

Similarly, the draft Bill states: “Whoever uses any narcotic drugs or psychotropic substances, or alcohol, for the purpose of trafficking shall be imprisoned with a term that shall not be less than 7 years, but may extend to 10 years and shall also be liable to fine which shall not be less than Rs 1 lakh.” The Bill also plans to come down heavily on repeat offenders and those trafficking minors with their existing sentence (7 years) being doubled to 14 years. Under the Draft Bill for Trafficking of Persons (Prevention, Protection and Rehabilitation) 2016, special courts will be set up and special prosecutors will be appointed for speedy trials of offenses under this act.

Speaking to Millennium Post, Union Minister for Women and Child Development Maneka Sanjay Gandhi said: “We have been training people at different levels to deal with this issue for the past two years. People have been trained to work with the Railway authorities to identify and assist the trafficked. For instance in Mumbai alone, we have managed to pick up 80 children per day. This draft anti-trafficking Bill has been formulated to look into the issue of trafficking in a holistic manner. The Bill will be open to suggestions by stakeholders. Women and children — the entire kidnapping, trafficking and safety issues come under this ambit.”

Explaining the crucial aspects of the Bill, an official from WCD Ministry said: “The draft Bill will focus on strong proactive and preventive measures. It has provisions for a dedicated office manned by the Central government, which will include a Traffic Commissioner, Advisory Board and also Anti-Trafficking Units (at state and district level).” 

The Central Anti-Trafficking Advisory Board will be headed by the WCD Secretary to oversee the implementation of the Act and advice the appropriate government on matters related to trafficking, protection and rehabilitation of victims. Each state and UT too will establish an anti-trafficking committee and likewise districts would follow suit.

Based on a PIL filed by anti-trafficking body Prajwala in 2004, the Supreme Court considered the report of the National Legal Services Authority on trafficking. In December last year, the Apex Court directed the government to include the recommendations of the report, while devising the anti-trafficking law.

For this purpose, an Inter-Ministerial Committee (IMC) was constituted. It is headed by WCD Secretary with representatives from various ministries, states and civil society groups. After deliberating on the issue during meetings in the IMC, this draft Bill has been prepared.