A Bill to provide in pursuance of the Protocol To Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the U.N Convention Against Transnational Organized Crime signed at New York on December 12, 2002 and repealing the Immoral Traffic (Prevention) Act, 1956.

STATEMENT OF OBJECTS AND REASONS:

The Immoral Traffic (Prevention) Act, 1956, (hereinafter referred to as the Act) was initially enacted as “The Suppression of Immoral Traffic in Women and Girls Act, 1956” in pursuance of the International Convention for the Suppression of the Traffic in Persons and of the exploitation of the prostitution of others signed at New York on 9th May, 1950. It was amended firstly in 1978 to address some of the inadequacies in the implementation of the Act, to cover all persons, whether male or female, who are exploited sexually for commercial purposes. Despite the above amendments, the said Act has not been able to achieve its purpose of either regulating sex work nor of stopping trafficking. The provisions continue to be used largely to harass women engaged in sex work, and have had little impact on stopping the crime of human trafficking.

The findings of various studies by the National Commission of Human Rights, the Office of the High Commission on Human Rights, UNICEF and various other experts in the field, have increasingly recognized that trafficking takes place into a number of sectors and cites. These include domestic work, the sex industry, the construction industry, the agricultural sector and a host of other cites. It is further recognized that the participation of representatives from all of these sectors is vital in order to arrest the egregious crime of human trafficking.

Trafficking in human beings has become one of the most egregious crimes facing the international community. While the complex and clandestine nature of the crime makes it difficult to ascertain the exact number of victims trafficking, it is estimated that each year innumerable individuals - the overwhelming majority of which are women and minors are tricked, sold, forced or otherwise coerced into situations of exploitation, forced labour or slavery-like-practices. Trafficking represents the denial of the right to liberty and security of the person, the right to freedom from torture, violence, cruelty or degrading treatment, the right to freedom of movement, the right to protection of family, the right to education, health and education - everything that makes for a life with dignity. On account of the many gross forms of human rights violations it embodies, trafficking has been described as a contemporary form of slavery.

The Prevention of Trafficking in Human Beings Bill, 2006 is being adopted with the object of effectively combating the crime of human trafficking and pursuant to the governments ratification of the Child Rights Convention and the Convention on the Elimination of All Forms of Discrimination Against Women, as well as the signing of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. (UN Protocol). The salient features of the Bill include (i) A comprehensive definition of human trafficking consistent with the definition adopted under the UN Protocol
(ii) A comprehensive definition of trafficked persons which includes those who are trafficked into a range of sectors and cites, including sex work, construction, agriculture and domestic work
(iii) Including specific provisions regarding the trafficking of children, defined as any person below the age of eighteen years
(iv) Specific provision dealing with the offence of exploitation of trafficked persons, participation in the offence of human trafficking
(v) Immunity of trafficked persons from the offences described under the Act
(vi) Liability of companies as well as employees who participate in human trafficking or use trafficked persons

1. Short title – This Act maybe called the Prevention of Human Trafficking Act, 2006.

2. Definitions – In this Act unless the context otherwise requires - (a) “child“ shall mean any person under eighteen years of age.
(b) “exploitation” includes all forms of sexual exploitation, including sexual servitude, forced labour or services, slavery or practices similar to slavery and servitude
(c) “human trafficking” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation, as set out in sections 3 or 4.
(d) “receiving country” means any country into which a trafficked person is brought as part of an act of human trafficking.
(e) “reintegration institutions” means any centre or institute set up by the government to provide for the physical, psychological and social recovery of trafficked persons
(f) “sex work” means any sexual transaction between persons of a commercial nature and the expression “sex worker” shall be construed accordingly.
(g) “trafficked person” shall mean any person who is the victim or object of an act of human trafficking.

3. Offence of Human Trafficking

A person commits an offence of human trafficking if the person recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means: (a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception;
(f) abuse of power or of a position of vulnerability; or
(g) the giving of payments or benefits to achieve the consent of a person having control over another person

Explanation – Trafficking in persons may take place into any sector, including common purposes such as, domestic work, agricultural labour, construction work, sex work as defined in sub clause (b) and any other sector falling under the definition of the Unorganised Sector Workers Social Security Bill, 2005*, and marriage or begging. Trafficking into any of these sectors or cites does not render the entire sector or cite illegal.

The consent of a trafficked person to the intended exploitation set forth in section 2 (b) shall be irrelevant where any of the means set forth in subparagraphs (a) to (g) have been used;

4. Offence of trafficking in children

A person commits an offence if the person recruits, transports, transfers, harbours or receives a child by any means for the purposes of exploitation. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in section 3.

5. Offence of exploiting a trafficked person

A person commits an offence if the person: (a) engages or participates in; or
(b) profits from

the exploitation of a trafficked person

6. Punishment for procuring, inducing or taking a person for the sake of trafficking and the exploitation of a trafficked person — (1) Any person who— (a) Procures or attempts to procure a person for the purpose of trafficking; or
(b) Induces a person to go from any place, with the intent that he/she may be trafficked; or
(c) Takes or attempts to take a person or causes a person to be taken, from one place to another with a view to his/her being trafficked;
Shall be punishable on conviction with rigorous imprisonment for a term of not less than five years and not more than seven years and also with fine which may extend to
Provided that if the person in respect of whom an offence committed under this sub-section —
(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life.
(2) Any person who commits the offence of exploiting a trafficked person shall be punishable on conviction with imprisonment for three years, and a fine, which can extend to

7. Participation in Offence of Human Trafficking (a) A person who aids, abets, counsels or procures the commission of an offence under this law by another person is taken to have committed that offence and may be punished accordingly.
(b) For the person to be guilty under subsection (1), the offence must have been committed by the other person.
(c) A person who urges the commission of an offence under this law is guilty of the offence of incitement.
(d) Any person who commits the offence of participating in human trafficking shall be punishable on conviction with imprisonment for two years and a fine of not less than

8. Immunity from criminal prosecution A trafficked person shall not be liable to criminal prosecution in respect of:
(a) the act of human trafficking;
(b) that person’s illegal entry into the receiving country;
(c) that person’s period of unlawful residence in the receiving country; or
(d) that person’s procurement or possession of any fraudulent travel or identity documents which he or she obtained, or with which he or she was supplied, for the purpose of entering the receiving country.

9. Liability of a company (a) This law applies to a company in the same way as it applies to an individual. A company may be found guilty of any of the offences set out in this law, in addition to the liability of any person for the same offence.
(b) For the purposes of offences under this law, the conduct or state of mind of an employee, agent or officer of a company will be attributed to the company if that person is acting within the scope of his or her employment or actual or apparent authority or with the consent (express or implied) of a director, servant or agent of the company.
(c) A reference in this section to the state of mind of a person includes the person’s knowledge, intention, opinion, belief or purpose and the person’s reasons for that intention, opinion, belief or purpose.

10. Offences to be cognisable —Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be deemed to be a cognisable offence within the meaning of that Code: Provided that, notwithstanding anything contained in that Code — (i) Arrest without warrant may be made only by the special police officer or under his/her direction or guidance, or subject to his/her prior approval.

11. The identity of the trafficked persons to remain confidential – Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the trial of the proceedings under this Act shall be conducted in camera.

12. Protection of trafficked persons - (1) No trafficked victim shall be sent to a reintegration institute against his or her will. Protection by the state or local authorities, legal, health and other services shall be provided to the trafficked person and such services shall not be contingent on the willingness of the trafficked person to press charges against their traffickers.
(2) The reintegration institutions shall implement measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of:
(a) Appropriate housing;
(b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand;
(c) Medical, psychological and material assistance; and
(d) Employment, educational and training opportunities.

Explanation – The State government shall take into account, in applying the provisions of this section, the age, gender and special needs of trafficked persons, in particular the special needs of children.

13. Status of non-Indian citizen victims of trafficking - Repatriation of trafficked victims to their country of origin should take place only after consulting the victim of trafficking, and taking the physical safety of the trafficked person into consideration.

14. Advisory Committees and NGO involvement: (a) The State Commission for women and voluntary organizations specially empowered by the State Commission for Women, will be entitled to assist and monitor the investigation of offences under this Act as well as the provisions for the care and protection of trafficked persons.
(b) Every State Government shall constitute an Advisory Committee for effective implementation of the provisions of the Act with the Chairperson of the State Commission for Women as the Chairperson of the Committee and representatives of various sectors and cites into which trafficking takes place, such as the construction industry, agricultural work, domestic work, and sex work, and women's welfare organizations as its members.

15. Repeal and Savings: (a) This Act when notified will repeal the Prevention of Immoral Traffic Act, 1956. (b) Prosecutions already initiated under the 1956 Immoral Traffic (Prevention) Act will be disposed off in accordance with the provisions of this new Act.