Mixed response to anti-trafficking bill

THIRUVANANTHAPURAM: The anti-trafficking bill (2018), which was passed by Lok Sabha, has triggered a debate in state. Some raised objections against its provisions saying that it was not survivor-centric, while others claimed that it was quite comprehensive.


“The bill creates a new offence known as ‘aggravated trafficking’, which attracts 10 years in prison that may extend to life imprisonment. This is in addition to the existing definition of trafficking under IPC Section 370. However, the logical fallacy of this gradation is evident when it lists trafficking (for begging) as an ‘aggravated offence’, whereas trafficking for sexual exploitation is a general offence. We need a legislation that harmonizes various provisions to end trafficking,” said MP Shashi Tharoor.

He added Centre had promised a comprehensive legislation before the Supreme Court in 2015 in the Prajwala case. “The bill only adds to the existing, overlapping cocktail of laws. Through the creation of 10 antitrafficking bodies, it will create more confusion in enforcing laws,” said the MP.

He added that Clause 16 of the bill – which allows medical examination of survivors – fails to mention that consent of survivors will be taken as and when practicable. This is relevant as there might be people with

HIV/

AIDS among survivors and there have been instances where their medical results have been shared with courts without consent. Courts have unfortunately ruled that such persons must remain in rehab homes as their families are unable to take

care

of them, he said.

Activist

Sunitha Krishnan

– who took efforts to create the bill’s initial draft – said: “Of the 14 chapters in the bill, six focuses on survivors – including their rescue, protection, compensation, relief and rehab. It is the most survivor-centric and gender-neutral bill focused on ending trafficking,” she said.

Former member of Kerala State Commission for Protection of Child Rights advocate J Sandhya said the bill seeks multiple level systems (national, state, district and local) to prevent trafficking. If more committees are involved, it would be less effective in checking crime. “On the compensation fund, it seems to be creating another parallel programme. No funds are offered in the existing compensation fund. Sexual violence and protection of survivors must be handled in totality,” she said.

Tharoor added that a sum of Rs 10 crore will be allotted by the Centre to the rehab fund whereas the present central government has spent Rs 4,343 crore on publicity since May 2014. This is a bill drafted by the bureaucracy for the bureaucracy, he said.