LEGISLATIVE BRIEF

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018

SUBMITTED TO: Dr. Faizanur Rehman

SUBMITTED BY: Akanksha Rai

B.A LL.B (Hons.)| Xth Semester| Section A

Roll No- 13BLW0008

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 The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018

STAGE STATUS (DATE/COMMENT)

Introduction December 2016
Approved by Union Cabinet for introduction in
Feb 28, 2018
the Parliament in Monsoon Session.

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 The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018

OBJECT OF ENACTMENT

to prevent trafficking of persons and to provide protection and rehabilitation to the victims of
trafficking and to create a legal, economic, and social environment against trafficking of persons
and for matters connected therewith or incidental thereto

 Pointing out the inadequacies of existing legislations, such as the Immoral Traffic
(Prevention) Act (ITPA), 1956, and Bonded Labour System (Abolition) Act, 1976, the
new bill will be the first to address the issue of victim rehabilitation.
 The bill proposes the establishment of a national anti-trafficking bureau, which shall be
entrusted with the gamut of issues aimed at controlling and tackling the menace under
various forms. These include coordination, monitoring and surveillance of illegal
movement of persons and their prevention. The bureau will also be entrusted with
increasing cooperation and coordination with authorities concerned and organisations in
foreign countries for strengthening operational and long-term intelligence for
investigation of trafficking cases, and driving in mutual legal assistance.

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 KEY FEATURES OF THE ACT

It takes into consideration aggravated forms of trafficking. It includes trafficking for purpose
of forced labour, begging, trafficking of a woman or child for the purpose of marriage or under
the pretext of marriage or after marriage, trafficking by administering chemical substance or
hormones on a person for the purpose of early sexual maturity etc

Chapter IX – OFFENCES AND PENALTIES

It prescribes punishment for promoting and facilitating trafficking of person. It includes

producing, printing, issuing or distributing unissued, tampered or fake certificates, registration or
stickers as proof of compliance with Government requirements, or commits fraud for procuring
or facilitating acquisition of clearances and necessary documents from Government agencies.

It deals with confidentiality of victims and witnesses and complainants by not disclosing their
identity. It will be maintained by recording their statement.

Through video conferencing (it will help trans-border and inter-State crimes). It has provision for
time bound trial and repatriation of the victims It will be within a period of 1 year from taking
into cognizance. It provides immediate protection of rescued victims and their rehabilitation.

The victims will be entitled to interim relief immediately within 30 days to address their
physical, mental trauma etc. and further appropriate relief within 60 days from the date of filing
of charge sheet.

Chapter VII – REHABILITATION AND SOCIAL INTEGRATION

It creates Rehabilitation Fund for the first time. It will be used for physical, psychological and
social well-being of victim including education, skill development, health care and psychological
support, legal aid, safe accommodation etc. It mandates designation of courts in each district for
the speedy trial of the cases

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Chapter II, III and IV

It creates dedicated institutional mechanisms at District, State and Central level. They will be
responsible for prevention, protection, investigation and rehabilitation work related to
trafficking. The tasks of Anti-Trafficking Bureau at the national level will be performed by
National Investigation Agency (NIA). The punishment prescribed under it ranges from rigorous
minimum 10 years to life and fine not less than Rs. 1 lakh. In order to break the organized nexus,
both at national and international level. it mandates for attachment & forfeiture of property and
also proceeds for crime..

It comprehensively addresses transnational nature of the crime. It entrusts National Anti-

Trafficking Bureau (NATB). to perform functions of international coordination with authorities
in foreign countries and international organizations.

Chapter X

It provides for the attachment & forfeiture of property and also the proceeds for crime.

Chapter XII

It calls for creating a Rehabilitation Fund for the first time which will be used for the physical,
psychological and social well-being of the victim including education, skill development, health
care, legal aid, safe accommodation, etc.

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 ANALYSIS

Broadly, the draft law aims to address trafficking through prevention, protection, and
rehabilitation of victims. It calls for the creation of anti-trafficking committees at the district,
state, and central levels to oversee implementation of the law’s provisions. The draft also
proposes the creation of a special agency to investigate these crimes, and special courts and
public prosecutors to expedite prosecution and hold perpetrators and traffickers accountable
under the law. Civil society groups are hopeful that this new law would boost the number of
prosecutions and convictions, and also promote inter-agency coordination at the state and district
levels.

Focusing on the needs of the victim, the draft proposes harsher penalties for aggravated offences
such as administering drugs and alcohol to victims, and also seeks to punish those who reveal a
victim’s identity. Considering the number of questionable placement agencies that often recruit
or supply trafficked victims for labour purposes, the law calls for stringent fines if these agencies
do not register themselves with the state government. There is also a provision that allows
victims who were not paid wages during their time in servitude to recover back-pay and fines. It
also proposes the creation of a rehabilitation fund to assist victims to reintegrate into society and
make a life for themselves in the future.

While the draft law does fill the existing legal vacuum and could benefit trafficking victims
greatly, many of the sections and provisions need further elaboration. For example, the fast-track
courts that were set up after the December 2012 gang rape of a student in Delhi have not been
operating as effectively as needed. The lack of judicial manpower and infrastructure will only
mean that an existing court will officiate as the anti-trafficking special court. Further, while the
bill calls on the central government to set up a special agency to investigate trafficking offences,
the draft does not lay out how this agency will coordinate with the state police departments, and
how its role differs from existing policing and security agencies. Practitioners have also
expressed concern that the Anti-Trafficking Fund to ensure the welfare and rehabilitation of

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victims may have the same fate as the Nirbhaya Fund, launched in 2013 to improve women’s
safety, but is largely under-utilized.

It is entirely possible, however, that much of the above will be settled as the central and state
governments conceptualize rules to carry out the provisions of this proposed law, which will take
place at a later stage once the law comes into force. At the moment, it is still premature to gauge
the overall effect of the draft bill on the crisis that India and the region is facing. There is a
chance that the draft bill will be introduced in parliament by the end of this year. If it passes, then
the next step would be to ensure effective implementation. It is hoped that all state governments
will embrace this law wholeheartedly and implement its provisions at the district level. Only then
will the central government’s efforts to address India’s trafficking problem be realized.

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 AUTHORITIES

DISTRICT ANTI- TRAFFICKING COMMITTEE (CHAPTER II)

(1) The appropriate Government shall, by notification, constitute for every district, a District
Anti Trafficking Committee, for exercising the powers and performing such functions
and duties in relation to prevention, rescue, protection, medical care, psychological
assistance, skill development, need based rehabilitation of victims as may be prescribed.
(2) The District Anti Trafficking Committee shall consist of the following members,
namely:-
(i) the District Magistrate or District Collector- Chairperson
(ii) two social workers out of which one shall be a woman to be nominated by the District
Judge – Member
(iii) one representative from the District Legal Services Authority nominated by the
District Judge- Member
(iv) District Officer of the Social Justice or Women and Child Development Department
of the concerned States/UTs- Member Secretary.
(3) The District Anti- Trafficking Committee shall meet atleast once in three months
(4) The District Anti- Trafficking Committee shall regulate its own procedure for
conducting its meetings.

STATE ANTI-TRAFFICKING COMMITTEE (Chapter III)

Section 5(1) allows the state Government to establish State Anti–Trafficking Committee to
oversee the implementation of this Act and advise the State/UT Government and District Anti-

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Trafficking Committee on matters relating to prevention of trafficking, protection and
rehabilitation of victims of trafficking in persons and to perform such other functions and duties
as maybe prescribed.

(2) State Anti–Trafficking Committee constituted for a State/UT, shall consist of the following
members, namely:-
(i) the Chief Secretary- Chairperson;
(ii) Secretary to the Department of the State dealing with Women and Child-Member
(iii) Secretary of the State Home Department – Member
(iv) Secretary of the State Labour Department- Member
(v) Secretary from State Health Department- Member
(vi) Director General of Police of the concerned State- Member
(vii) Secretary of the State Legal Services Authority - Member
(viii) two social workers out of which one shall be a woman and to be nominated by the Chief
Justice of the High Court – Member.

Power to make rules under Section 34.

CENTRAL ANTI-TRAFFICKING COMMITTEE (Chapter IV)

Section 6 - Central Anti- Trafficking Advisory Board

(1) The Central Government shall constitute a Central Anti–Trafficking Advisory Board headed
by the Secretary, Ministry of Women and Child Development and representatives from the
concerned Ministries, State/UTs and members from civil society organisations as may be
prescribed

(2) Central Anti – Trafficking Advisory Board shall oversee the implementation of the Act and
advise the appropriate Government on matters relating to prevention of trafficking, protection
and rehabilitation of victims, in the manner as maybe prescribed.

Special Agency The Central Government shall constitute a Special Agency for investigation of
offences under the provisions of the Act

 Power to make rules under Section 36.

SPECIAL COURTS AND POWERS OF SPECIAL COURTS (Chapter XI)

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Special Court

The State Government shall in consultation with the Chief Justice of the High Court, by
notification in the Official Gazette, specify for each district, a Court of Session to be a Special
Court.

CURRENT STATUS

The Union Cabinet chaired by Prime Minister has approved the Trafficking of Persons
(Prevention, Protection and Rehabilitation) Bill, 2018 for introduction in the Parliament in
Monsoon Session.

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