NEW DELHI: The Lok Sabha on Thursday put its stamp of approval on the ‘Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018.

Introduced as “victim-centric” and “the first step towards a comprehensive solution to trafficking of Persons in India”, the Bill has received a mixed response from voluntary organisations, civil society activists and lawyers. The responses range from assertive support to strong criticism.

“This bill is not intended to harass those sex workers who are voluntarily in the profession... This is a bill that has a compassionate view of people who have been victims of sex racket,” Women and Child Development minister Maneka Gandhi told the Lok Sabha. Recent protests and concerns raised by certain voluntary organisations include the worry that some provisions of the Bill can be misused once it becomes a law for victimising sex workers.

After Gandhi replied to the various queries by MPs and the Bill was passed in Lok Sabha, Nobel peace laureate Kailash Satyarthi who has for decades worked on the issue of trafficking and child rights welcomed the passage of the Bill saying: Trafficking of innocent children, women and men is the biggest threat against humanity. The Indian Parliament has taken a strong first step to end this menace by passing anti trafficking bill 2018 in Lok Sabha.”

Satyarthi went on to say that “it is a progressive legislation that seeks to provide for a comprehensive solution to trafficking of persons in India, that goes beyond its criminalisation. I call upon Rajya Sabha MPs to echo the same sentiment & extend their support for this landmark bill”.

During her response to the queries by MPs, Gandhi shared that Kailash Satyarthi was one of those who was consulted when the Bill was drafted. She also mentioned the names of NGO Prayas and renowned activist Sunitha Krishnan , chief functionary of voluntary organisation Prajwala.

President of Shakti Vahini and one of the members of the drafting committee of the Bill, Ravikant also welcomed the passage of the Bill and was dismissive of the apprehensions of those opposing it. He said it will be a law with many firsts and will finally bring into focus the victim protection and rehabilitation. He pointed that this Act is a big step in the journey since 2011 when India ratified the United Nations Convention on Transnational Organised Crime (UNTOC) and its three protocols. One of the protocols is a commitment to prevent, suppress and punish trafficking in persons, especially women and children.

Amod Kanth from NGO said, “We look forward to get the best out of this long awaited Bill once it comes on the statute nook.” He also took on those opposing the Bill saying, “Spoke to Maneka Gandhi on behalf of Prayas and all our NGO partners who stood by her while she fought a tough battle against the narrow – visioned motivated groups.”

Meanwhile, Trade Union Initiative, HAQ Centre for Child Rights, Lawyers Collective , National Network of Sex Workers, All India Network of Sex Workers are among other civil society organisations that came together to object to the passage of the Bill citing gaps that they feel need to be plugged before a law is passed.

They point that the Bill is replete with problems. “Many of these problems were alluded to by Members of Parliament, who demanded that the Bill be referred to a Standing Committee in Parliament,” a statement issued by this collective of NGOs and activists reads.

In a statement released a day before the monsoon session of parliament started, they warned that certain provisions can be a potential threat to “civil liberties and freedom of expression." They claimed that the Bill criminalises electronic communication that “may lead to” trafficking. “There is no need for trafficking to have actually taken place. A mere possibility of someone getting trafficked sometime in the future is sufficient for the Police to arrest and prosecute,” they pointed.

In the statement, they pointed that “contrary to claims, the Bill targets sex workers” even though on the face of it the Bill appears to have no impact on sex workers due to absence of words like “prostitution” and “sexual exploitation and abuse for a commercial purpose.” “Yet, the Bill will rely on existing Section 370 to criminalise trafficking for “any form of sexual exploitation” and be enforced in sex work settings,” it is claimed by activists.

They point that ‘aggravated forms of trafficking’ under the Bill include exposure to HIV and trafficking resulting in pregnancy. This, they say, indirectly targets sex workers. “Moreover, the Bill does not repeal Immoral Traffic Prevention Act. So, sex workers will continue to be arrested and jailed,” they have stated.

It was also stated that the Bill may add to bureaucratic red-tape and lack of accountability as it may lead to multiplicity of authorities looking into similar cases. For instance, the Child Welfare Committees deal with all cases related to children in need of care and protection including survivors of trafficking. However, to a question in Lok Sabha, the WCD minister was quick to reject the view that new authorities were being created. She said that only the National Anti Trafficking Bureau will be the new thing.

Meanwhile, this collective of civil society groups, after the passage of the Bill in Lok Sabha, in a statement quoted the UN Special Rapporteur on Trafficking in persons, especially women and children and the special rapporteur on contemporary forms of slavery, including its causes and consequences. They say that the UN special rapporteurs have expressed grave concerns saying that “its (Bill’s) focus on addressing trafficking from a criminal law perspective is not sufficiently complemented by a human-rights based and victim-centred approach, and this risks further harming already vulnerable individuals.”

They then go on to hit out at those from the voluntary sector supporting the Bill in its current form saying, “We are aware that a section of NGOs and influential persons have been lobbying hard for the hurried passage of the Bill. Many of these groups were involved in drafting the Bill, which was otherwise a closed and opaque process.”

They urged the members of the Rajya Sabha for insights and resilience to ensure that the Bill is examined and evaluated and not hastily passed into law.

SALIENT FEATURES OF THE BILL PASSED BY LOK SABHA

· “Aggravated forms of trafficking” for forced labour, child bearing, begging and marriage to be punished severely.

· Punishment for such crimes will not be less than 10 years imprisonment and may extend to life in jail.

· Repeat offenders will face jail for the rest of their life and a minimum fine of Rs 2 lakh.

· Administration of hormones for early sexual maturity, exposing a person to life threatening illness like HIV and abetting a person to illegally migrate is as “aggravated trafficking offences”.

· Provides for attachment and confiscation of illicit assets created out of trafficking crimes.

· Imposes heavy fines and freezing of bank accounts of perpetrators.

· Bill lays down provisions for confidentiality of victims, witnesses and complainants, time-bound trials and repatriation of the victims.

· “National Anti-Trafficking Bureau” — under MHA

