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LUCID MAINS CURRENT AFFAIRS 2018

  1. THE TRAFFICKING OF PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL 2018

WHY TO FOCUS

  • Loksabha passed The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018.
  • According to National Crime Record Bureau more than 8000 cases are reported of human trafficking in 2016.
  • Global slavery index report -around 8 million people are living under slavery in India.

WHAT’S THE REASON?

  • clip_image002.jpgPoverty and lack of money- selling of children and women for money.
  • Improper implementation of law.
  • Lack of political will to enforce law.
  • Illiteracy and desire for a better life.
  • Porous border with neighboring countries like Bangladesh

FEATURES OF THE BILL

  • Anti-trafficking bureau.
  • To investigate and implement the provisions of the bill.
  • Consist of police officers and other officers.
  • Coordinator cases in case of interstate involvement.
  • Cooperation at international level.
  • Coordination between law enforcement agencies.
  • Anti-trafficking officers.
  • Appoint nodal officers in the state and districts.
  • Deal with anti-trafficking in the concerned area under anti trafficking committee.
  • Provide relief and rehabilitation activities also.
  • Anti-trafficking unit.
  • Will be set up in every district.
  • Deal with prevention, rescue and protection of victim and witness.
  • if unit is not functional in a district will be taken up by local police officers .
  • Anti trafficking relief and rehabilitation committee.
  • Set up committee at center, state and district level.
  • Give compensation to victim.
  • Repatriate the victim.
  • Reintegrate the victim to the society.
  • Protection home, rehabilitation home.
  • Protection home -to provide food, shelter, counseling and medical services to victim.

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  • Rehabilitation home – for long term rehabilitation of the victim.
  • Rehabilitation fund – to set up protection home and rehabilitation home.
  • Penalty for 10 year extendable up to life imprisonment.
  • Time bound trial.
  • Set up designated courts in each districts.
  • Case must be completed within 1 year.

POSITIVE ASPECTS.

  • Supplement the existing provisions to combat trafficking.
  • Focus is mainly on victim and rehabilitation.
  • Stringent punishment.
  • 10 year punishment extendable to life time imprisonment.
  • Keeps identity of the victim confidential.
  • Anti trafficking committee promote interstate cooperation.
  • Fulfill purpose of article 23 of the constitution – which prohibits trafficking of human beings and forced labour.
  • Deals with trafficking as well as aggravated form of trafficking like begging ,forced labour etc
  • Punishment for promoting trafficking through press, fake certificates etc. . . .
  • Provision for confiscation of property and to freeze bank accounts of traffickers to eliminate nerve center of trafficking.

CRITICISM OVER THE BILL.

  • Fell short of meeting international human rights standard.
  • Over emphasis on role of police to save victim, which promote rescue raids by police rather than applying screening methods and operating procedure.
  • No differentiation between trafficking and consensual sex workers.
  • Hence are often send for rehabilitation.
  • Violate their right to life under article 21 and freedom of profession.
  • Concern over efficient use of anti-trafficking fund.
  • As Nirbhaya fund launched in 2013 remains largely underutilized.
  • No clarity over the role of special investigative agency.
  • No idea about how it works and how it’s different from existing agencies.

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  • Provision for aggravated offense.
  • Chemical or hormone therapy during trafficking is an offence now.
  • Though made in right intention may target transgenders who are taking hormones.
  • Consent provision.
  • Clause 16 of the bill allows medical examination but fails to mention about the consent of victim.
  • Will be difficult for people with HIV /AIDS among survivors.
  • No provision to punish sex buyers.
  • Section 8 of Immoral trafficking prevention act not repealed.

WAY FORWARD

  • Dignity of consenting adult sex worker must be ensured.
  • Section 8 of Immoral trafficking prevention act must be repealed.
  • Ensure that anti trafficking fund is utlilised efficiently.
  • Decentralization of rehabilitation center.