Human Trafficking: Prevention, Protection, and Rehabilitation
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This document discusses the draft bill on human trafficking, highlighting its shortcomings and providing recommendations for prevention and rehabilitation. The target audience is the Ministry of Women and Child, Government of India.
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Running head: HUMAN TRAFFICKING HUMAN TRAFFICKING Name of the Student Name of the University Author Note
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1HUMAN TRAFFICKING Introduction According to the draft bill titled Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016, trafficking in person refers to recruitment, transportation and the transferring of persons. It is carried out owing to purpose of the exploitation by making use of threat or that of force. Trafficking is the form of the corruption or the practising of fraud and it is done owing to abuse of the power. Trafficking includes the giving or the receiving of the payments that helps in achieving the consent of another person having control over another person. The individuals involved in trafficking are recruited, transported and harboured. In India, human trafficking is considered as a crime as it violates the basic fundamental right to life, freedom of movement by coercing the victims against their prior consent for commercial purpose (Charnysh, Lloyd and Simmons 2015). Target Audience The target audience of the report is the Ministry of Women and Child, Government of India. They form the target audience since it is the primary responsibility of the Government of India to look after the well-being of its citizens. The Ministry of Women and Child is also a target audience as most of the victims of human trafficking are children and women, whose security is the primary concern of this Ministry. Purpose of the Report The purpose of the report is to provide a detailed research and evaluate the human trafficking bill, showing lacuna in the bill and recommend possible solution plaguing of human trafficking targeted to Ministry of Women and Child, Government of India. Findings In the draft bill titled Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016, issues for preventing child trafficking is mentioned. However, there are no provisions laid down for the prevention of forced labour and their exploitation via trafficking.
2HUMAN TRAFFICKING Secondly, there are also no provision for the rehabilitation of those who are the victims of modern form of slavery. Third, the draft bill is also lacking in the areas of granting human rights to those who are victims of trafficking. A fourth shortcoming of the Bill is that it does not provide for any legal support to the victims of human trafficking, leaving them to fight their own battles. Finally, the Bill also does not provide any clarity as to whether the victims of human trafficking shall be prosecuted for any illegal activities done by them as a result of being trafficked. Recommendations All these issues needs to be addressed as a victim of human trafficking has already gone through a lot of mental trauma (Ditmore 2015). If the basic help is not provided to them for survival, it will be difficult to get their dignity back. One of the ways in which this can be solved is by giving the victims of human trafficking a rehabilitation centre. This will allow them to have a place to stay and find themselves again. Discussion The human trafficking bill entitled as Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016 lays down a ten years stringent punishment of life imprisonment for serious and ‘aggravated’ forms of trafficking. This includes trading of persons for bonded labour, administering of chemical hormones which affects the survivor with AIDS, attracting highest punishment. Encompassing a wide spectrumof crimeswith adequate rescue and rehabilitation mechanisms through setting up a fund the, the law will be progressive if it is implemented in letter and spirit (Kempadoo, Sanghera and Pattanaik 2015). Establishment of authorities at district, state and national level for investigation and rehabilitation, with anti-trafficking units to investigate and rescue the victims will help in alleviating the plaguing issues more rapidly (Rahaman 2015).
3HUMAN TRAFFICKING ThebillalsoproposesforestablishmentofNationalAnti-TraffickingBureaufor surveillance, coordinating and monitoring of the trafficking cases. The bill also calls for a provision of allocating an amount of rupees ten crore in Relief and Rehabilitation Fund and further prescribing for the forfeiture of the property which has been used in commissioning the offence. Statistics NCRB Data of 2016 states 8,000cases ofhuman trafficking reported in 2016 among which 23,000victims were rescued. Out of the total victims over 182comprised of foreigners, further, about9,100were below 18 years of age. The data reflects the seriousness of the crime and vulnerability of the children who are less than 18 years of age (NCRB, 2016). However, though the bill is progressive yet the provisions are similar with that of existing laws thus creating multiplicity of laws to tackle similar issues (Chanda 2017). Source: NCRB (Ncrb.gov.in, 2019)
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4HUMAN TRAFFICKING Source: NCRB (Ncrb.gov.in, 2019) Comparison with Human Trafficking Act of Netherlands Comparing the draft bill with the Human Trafficking Act of Netherlands, in Netherlands it is the local governments who are responsible for preventing human trafficking. In India it is the purview ofCentral Government, along with the state governments (Ditmore 2015). Conclusion In conclusion, it is observed that human trafficking has a harmful impact not only to the victims but also to the society progression towards growth and development. The after effect on the survivor impairs the cognitive capacity, depression, memory loss and drives the victim towards suicidal attempts. The grave psychological impact, emotional impact and social ostracism on the victims impedes the recovery and rehabilitation of the survivors. The most vulnerable are the children who have the potential to become demographic dividend of the vibrant fastest growing nation. The authorities should undertake survey to chalk out a designed framework to mitigate the issues of the survivors and deter the criminals with stringent punishment coupled with improvised rehabilitation mechanisms.
5HUMAN TRAFFICKING References: Chanda, S., 2017, March. Human Security and the Trafficking of Women: India and her Neighbours’.InNationalConferenceonContradiction,ConflictandContinuity:Their Significance in Contemporary Society(Vol. 1, p. 106). Allied Publishers. Charnysh, V., Lloyd,P. and Simmons, B.A., 2015. Framesandconsensusformationin international relations: The case of trafficking in persons.European Journal of International Relations,21(2), pp.323-351. Ditmore, M., 2015. Trafficking in lives: How ideology shapes policy. InTrafficking and prostitution reconsidered(pp. 149-168). Routledge. Kempadoo, K., Sanghera, J. and Pattanaik, B., 2015.Trafficking and prostitution reconsidered: New perspectives on migration, sex work, and human rights. Routledge. Ncrb.gov.in. (2019).National Crime Records Bureau. [online] Available at: http://ncrb.gov.in/ [Accessed 14 Jan. 2019]. Rahaman, M., 2015. 'Human Trafficking in South Asia (Special Preferences on Bangladesh, India and Nepal): A Human Rights Perspective'. Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016