The Centre on Wednesday introduced an anti-trafficking bill to deal with all forms of trafficking of women and children, with provisions for prevention and rehabilitation. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, was introduced in the Lok Sabha by Union Women and Child Development Minister Maneka Gandhi.
Apart from laying down punishments for promoting or facilitating trafficking, the Bill also tackles aggravated forms of trafficking, which includes trafficking for forced labour, begging, and trafficking by administering chemical substance or hormones on a person for the purpose of early sexual maturity, trafficking of a woman or child for marriage etc. Punishments range from a minimum of rigorous imprisonment and 10 years to life term.
It also lays own the provisions for a National Anti-Trafficking Bureau and mandates the formation of a Rehabilitation Fund to assist victims, apart from designated courts in each district.
The Bill, which has earned praise from Nobel laureate Kailash Satyarthi, who described it as "resounding victory for the children of India" has been criticised by activists on several counts. Sex workers collectives fear that the law might be used to clamp down on them, and LGBTIQ activists said that the clause on growth hormones could be used against transgenders.
Kusum, president of the All India Network of Sex Workers said that there was no clarity on whether rehabilitation is mandatory or not. "Rehabilitation is needed for thousands of women who face trafficking around the country. But, scores of practicing sex workers might not want it. Why not make it voluntary," she says.
Samarjita Jana, a health practitioner and the founder of sex workers collective Durbar Mahila Samanwaya Samiti, who was part of a committee appointed by the Supreme Court in the Buddhadeb Karmakar Vs State of West Bengal case on rehabilitation of sex workers, said that the Bill needs to distinguish between sex work and trafficking.
Speaking to DNA, WCD joint secretary Chetan Sanghi said the Bill will not prevail upon cases of sex work which is uncoerced or willful. "Any other form of sex work is covered by the The Immoral Traffic (Prevention) Act. The Bill also does not seek to define trafficking, which has already been defined by section 370 of the IPC," said Sanghi.
He further clarified that growth hormone given to minor girls comes under aggravated forms of trafficking and does not cover transgenders.
BILL DOES NOT SEEK TO DEFINE TRAFFICKING
- WCD joint secretary Chetan Sanghi said the Bill will not prevail upon cases of sex work which is uncoerced or willful.
- “Any other form of sex work is covered by the Immoral Traffic (Prevention) Act.
- It also does not seek to define trafficking, already defined by Sec 370,” she said.
