Government comes out with draft anti-trafficking bill; traffickers to be jailed, may face death if convicted

Human traffickers and abettors are likely to face a jail term of at least seven years that could be extended to life term and in extreme cases, death, according to a new draft law by the Centre to tackle trafficking of people.

While it seeks to crack down on organised crime syndicates and defines "aggravated offences", the draft has said that a public servant, police officer, military or paramilitary personnel, doctor or lawyer who "misuses" the relationship with the victim will face life term in jail and a fine of up to Rs 30 lakh, which could be increased by the court.

The stringent draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021, which has been put in public domain by the Ministry of Women and Child Development seeking comments from public by July 14, also assigns the elite National Investigation Agency as the main probe agency in human trafficking cases.

Besides women and children, the draft also extends the protection to transgenders as well. The definition of trafficked victim has been changed and now one need not be transported from one place to another to be identified as a victim of trafficking.

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The Narendra Modi government had passed a similar bill in Lok Sabha in July 2018 but it lapsed as it was not brought to Rajya Sabha following concerns raised by a section of the civil society. The new draft will be placed before the Union Cabinet once the consultation process is over and brought to Parliament for passage, most likely in the upcoming Monsoon Session.

According to the draft, an accused could face death sentence if he is convicted for a second time for aggravated form of trafficking law like acting against a child below 12 years or against a woman for the purpose of repeated rape. For the first offence, the accused will be punished with rigorous imprisonment for 20 years which can extend to life.

Aggravated form of trafficking includes death or injury caused to a victim or their dependent, victim exposed to AIDS, silicosis or TB, administering chemical substances or hormones for the purpose of early sexual maturity, victim becoming mentally ill or disabled due to trafficking, forced labour and abusing one's position or authority among others.

Trafficking committed in the garb of "apparently innocuous and legally permitted activities or enterprises" such as massage parlours, spas, placement agencies, travel agencies and circus as well as those subjecting victims to illegal bio-medical research and unauthorised clinical drug trial come under “aggravated” offences.

The 2018 Bill had identified 11 aggravated forms of trafficking while the new draft has a more elaborate definition by identifying 23 offences. While the earlier Bill has stipulated imprisonment of 10 years to life imprisonment and fine of at least Rs one lakh and life imprisonment, and fine of at least Rs two lakh for repeat offenders, the new draft has various punishments with enhanced fine ranging between Rs 10 lakh to Rs 50 lakh.

Persons belonging to organised crime syndicates also will face life imprisonment or even death if a trafficked victim dies.

For trafficking a child above 12 years, one may face rigorous imprisonment for a minimum ten years that may extend to life and with a fine of Rs 15 lakh while the punishment for trafficking of more than one child would lead one to a prison term of at least 14 years that could extend to life as well as fine of up to Rs 30 lakh.