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Cabinet approves the Trafficking of Persons Bill, 2018

Why in news

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, has been passed by the Lok Sabha recently.

What is human trafficking?

The action or practice of illegally transporting people from one country or area to another, typically for the purposes of forced labour or commercial sexual exploitation.

As per the definition given by the United Nations Office on Drugs and Crime (UNODC) – ‘Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.’

Status of human trafficking in India

1. As per data released by the National Crime Records Bureau (NCRB), human trafficking numbers rose by almost 20% in 2016 against the previous year.
2. NCRB said there were 8,132 human trafficking cases last year against 6,877 in 2015, with the highest number of cases reported in West Bengal (44% of cases), followed by Rajasthan (17%). Of the 15,379 victims who were caught in trafficking, 10,150 were female and 5,229 males.

Schemes and initiatives launched by Government to tackle human trafficking

1. Ministry of Home Affairs has set up of a dedicated nodal Cell in the MHA for prevention of trafficking. The cell is responsible for providing state governments with the necessary research, studies and information.
2. The ministry organises workshops for NGOs on issues relating to trafficking of children for commercial sexual exploitation. A special module for counsellors of trafficked victims has been formulated.
3. Training to all stakeholders such as police, government officials, etc. to better understand the situation and hence respond properly to a suspicious activity or person.
4. The MWCD runs Shelter based homes Short Stay Homes, Swadhar Homes for women in difficult circumstances.
5. Ujjawala: A comprehensive scheme for prevention of Trafficking and Rescue and Rehabilitation and Re-integration of victims of trafficking for commercial sexual exploitations.

Why this law?

1. No single law: Currently, there is no single law dealing with human trafficking and the crime is covered under different acts administered by at least half-a-dozen ministries, including WCD, home, labour, health, Indian overseas affairs and external affairs. More often than not, this results in lax enforcement.
2. Trafficking on the rise: Statistics reveal that heinous crimes like trafficking is on the rise. This is shocking and calls for a comprehensive mechanism to tackle the situation
3. The weakness of the ITPA 1956 act: The law is inadequate as it talks only about prostitution which is an outdated concept for human trafficking.

Highlights of Bill:

Aggravated forms of trafficking

1. 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.
2. It comprehensively addresses transnational nature of the crime.

Punishment

1. It prescribes punishment for promoting and facilitating the trafficking of the 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 the acquisition of clearances and necessary documents from Government agencies.
2. 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 the national and international level, it mandates for attachment & forfeiture of property and also proceeds for the crime.

Confidentiality of victims and witnesses

1. It deals with the 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).

Trial and repatriation

1. 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.
2. It provides immediate protection of rescued victims and their rehabilitation. T
3. 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.

Rehabilitation Fund

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

Institutional mechanisms 

1. 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.
2. The tasks of Anti-Trafficking Bureau at the national level will be performed by National Investigation Agency (NIA).

Anti-trafficking bureau: 

1. 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.
2. Functions include coordination, monitoring and surveillance of illegal movement of persons and prevention.
3. The bureau will also be entrusted with increasing cooperation with authorities in foreign countries for boosting operational and long-term intelligence for investigation of trafficking cases and driving in mutual legal assistance.

The significance of the bill:

1. Human Trafficking is the third largest organized crime violating basic human rights. At present, there is no specific law to deal with this crime. The bill addresses the issue of human trafficking from point of view of prevention, rescue and rehabilitation.
2. The Bill addresses one of the most pervasive yet invisible crimes affecting most vulnerable persons especially women and children.
3. It will make India leader among South Asian countries to combat trafficking, as UNODC and SAARC nations are looking forward to India to take lead by enacting this law.

Criticism/challenges

(a) Drafting error

1. It proposes a minimum three-year sentence for producing, publishing, broadcasting or distributing any type of material that promotes trafficking or exploitation
2. A/c to Section 36 “any propaganda material that promotes trafficking of person or exploitation of a trafficked person in any manner” has wide amplitude as Bill does not define what constitutes “promotion”.
3. For example, in moralistic eyes, any sexual content online could be seen as promoting lustful interests, and thus also promoting trafficking.

(b) Will Promote censorship

1. In June 2016, the Union government banned 240 escort sites for obscenity even though it cannot do that under Section 69A or Section 79 of the Information Technology Act, or Section 8 of the Immoral Traffic (Prevention) Act.
2. In July 2015, the government asked internet service providers (ISPs) to block 857 pornography websites sites on grounds of outraging “morality” and “decency”, but later rescinded the order after widespread criticism.
3. If historical record is any indication, Section 36 in this present Bill will legitimize such acts of censorship.

(c) The excessive scope of the bill

1. Section 39 proposes a weaker standard for criminal acts by proposing that any act of publishing or advertising “which may lead to the trafficking of a person shall be punished” (emphasis added) with imprisonment for 5-10 years.
2. In effect, the provision mandates punishment for vaguely defined actions that may not actually be connected to the trafficking of a person at all.
3. The excessive scope of this provision is prone to severe abuse since, without any burden of showing a causal connection, it could be argued that anything “may lead” to the trafficking of a person.

(d) Multiplicity of institutions

The bill is silent on whether existing institutional structures – such as child protection units at the state, district, block and community levels established under the Integrated Child Protection Scheme – will work parallel to the proposed institutions under the anti-trafficking bill. This can give rise to the distinct possibility of child victims of trafficking being passed around from one authority to another.

(e) Consent of Victim is disregarded

The bill will lead to greater surveillance and adult victims will be sent to rehabilitation homes or repatriated to their places of origin. There is no provision provided if ‘victims’ do not want to go to rehabilitation or accept repatriation which is against Article 19(1)(g) of the Constitution which guarantees the fundamental right to work.’

(g) Illegal organ trade ignored

Bill doesn’t address the issue of illegal organ and skin trading, which is a form of human trafficking. There are thousands of victims who complain of being duped after being lured to migrate and sell their organs for hefty money (often deceitfully).

Way forward

• Further measures that can be undertaken
• Increase prosecutions and convictions for all forms of trafficking
• Developing Standard operating procedures for Victim Identification and training officials in the same.
• Improving Inter-state co-ordination.
• Developing a national action plan to combat trafficking.

Conclusion

 Trafficking of persons (Prevention, Protection and Rehabilitation) Bill is an important legislative step in dealing with the pervasive malaise of human exploitation and trade in humans. It is comprehensive in its coverage, lays down an institutional mechanism, provides for international cooperation and is sensitive towards the needs of the victim.

Question

1. Human trafficking is a grim reality in India. In this context critically examine the recently passed ‘The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018’.

Context

In last 1 year at least 20 individuals have been lynched or beaten to death in incidents across India, where rumours on WhatsApp have inspired vigilante mobs to swarm visitors accused of being child kidnappers. Dozens more have been injured in similar attacks.

Meaning

Fake news refers to the deliberate creation of misinformation or hoaxes spread via traditional print and broadcast news media or online social media shaping the belief of people around the nation and world.

What gives rise to the fake news?

1. Lack of regulation – The online platforms, unlike the mainstream media, do not fall under comprehensive regulation. A number of online news/information portals are being set up due to the lack of proper entry barriers. The lack of binding rules and the ability to keep owners and editors private, offers a larger scope for wrongdoing in case of online platforms.
2. Communal polarisation – The growing polarisation of society on ideological lines has made the job of spreading fake news easier. Also, the spread of hatred-inducing content among leaders/groups of the opposing ideologies, further deepens the prevailing communal hatred.
3. Reach – In the past, communal violence in India was more a localised affair. However, in recent days it is extensively being triggered through the Internet on a much larger scale. The online and mobile platforms serve like nodal agencies distributing unverified information.
4. Quick gains – Spreading false news is becoming a way to make advertising money through click baits. In India, numerous sites are being set up to commercialise fake news with click-bait headlines. Users are enticed with multiple link pages to click and continue reading making the content go viral.
5. Cheap data plans – The proliferation of technology, cheap smartphones, and reasonable data rates has enabled the democratization of online content. The flip side is that the speed of content distribution has made traditional journalistic controls of verification unfeasible.

Why is fake news dangerous?

1. People’s faith in social, print and electronic media reduces which could affect the benefits of these Media.
2. It can lead to violence between two or more communities thereby creating enmity and hatred between them.
3. It can disturb the social fabric of the society and tensions among communities persists for long times.
4. It reduces the tendencies of cooperation between different communities.
5. Political parties try to gain political advantages by polarizing the voter’s mind which further intensifies the tensions between different sections of society.
6. Politics of development takes back seat and communal tendencies emerge in politics.
7. In its purest form, fake news is completely made up, manipulated to resemble credible journalism and attract maximum attention and, with it, advertising revenue.
8. Political campaigning has progressed from mere appeals in the name of identity or loyalty or tall promises to something akin to psychological warfare. Parties that master the tools of such psych ops have a distinct edge over those stuck in the traditional mud. Fake news spreads on social media.

How can we control the fake news menace?

Pre-Censorship is Impossible

1. Pre-censorship of news and information, while being virtually impossible due to the speed of content creation, will also violate the guarantee of free speech under Article 19(1)(a) of the Constitution.
2. On the one hand, such legislation could divest individuals of autonomy.
3. On the other, it could bolster the power of the government to censor opinions it is uncomfortable with.
4. Any screening in the context of social media applications such as WhatsApp could also violate the fundamental right to privacy recognized by the Supreme Court.

Self- Censorship can work

1. A cautionary approach warrants avoiding overarching regulation in the form of anti-fake news legislation, irrespective of the benignity of its motivations.
2. Entrusting a judge, the state or companies like Facebook with the task of making an evaluation of veracity will facilitate judicial, government or private censorship.
3. This can breed a chilling effect and self-censorship.

A decentralized three-point agenda to address fake news

• To ensure critical media literacy, with critical digital literacy as a component.

1. This would focus on encouraging individuals to learn the skills required to navigate the internet and question the content they are exposed to.
2. Users should understand the limitations of digital media.
3. Full Fact and Facebook’s toolkit offer useful suggestions about this. Design changes to social media platforms that flag content can also be incorporated.

• To nurture a general culture of scepticism among citizens towards information

1. Good practices, such as verifying the source of the news and corroboration with related news, ought to be advanced in schools and through public education campaigns.
2. The role of the district administration and local community leaders is key in this regard.
3. Heartening examples such as the Satyameva Jayate programme in Kannur schools and initiatives by the superintendent of police in Gadwal demonstrate the potential of such an approach.

• Limited Legal Interventions can be explored

1. In a limited set of situations, such as when there is threat to life or national security, targeted and proportionate legal interventions can be explored.
2. They should account for existing speech offences to avoid overlap.
3. Despite their own flaws, existing provisions on hate speech, sedition and defamation already deal with certain kinds of harm that may be substantially similar to those posed by fake news.

Other steps Which Government can take

1. The government must take the initiative to make all sections of the population aware of the realities of this information war and evolve a consensus to fight this war. It must also take strict action
2. News being spread using chatbots and other automated pieces of software should automatically be selected for special screening. Ordinary consumers of news can play a big role by, first, waking up to the reality that all they read on WhatsApp and Twitter is not the gospel truth, and then, by refusing to pass on what they cannot independently verify with other sources.
3. Websites that mimic well-known, credible media outlets in their name should be exposed with the vigour with which jokes are shared on social media.
4. Government should have independent agency to verify the data being circulated in social and other media. The agency should be tasked with presenting real facts and figures.
5. Government should have mechanism for immediately issuing of notice against sites/people/agencies involved in spreading fake news.
6. There should be a provision of effective balances and check of filtering fake posts before it getting viral.
7. Social media websites should be made accountable of such activities so that it becomes their responsibility to have better controlling restricting the spread of fake news.
8. Government should take active measures for promoting awareness among people about fake news and their consequences.
9. Government should enlist penal provisions to perpetrators of fake news if it causes violence or deaths.
10. Government should make mandatory for Print and Electronic media to have internal mechanism for verifying incidents, facts and figures.
11. Public should verify the accuracy and of reliability of any news or data either from government or any independent agency specifically involved in such task.
12. Public should not blindly trust any sensitive news and should not forward it to others.
13. Public should inform concerned department about any fake post as soon as they come across. They should act as active vigilant for maintaining peace and harmony in the society.
14. NGO’s and other civil society groups can play important role in spreading awareness about the ill effects of fake news.

Question

1. In the post-truth world, digitisation and fake news has become a deadly combo. Discuss. What steps can be taken to counter the menace?