Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021

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Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021
Citation
Legislative history
Bill
  • Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018
  • Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016
Introduced byMinistry of Women and Child Development
Keywords
trafficking in persons, care, protection, rehabilitation, supportive environment, prosecution, commercial carrier, debt bondage, exploitation
Status: Pending

Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 or TIP Bill will provide for a comprehensive and dedicated anti-trafficking legislation in India.[speculation?]

History[edit]

Trafficking in India has been dealt with under a number of laws such as Indian Penal Code of 1860, Immoral Traffic (Prevention) Act, 1986, Bonded Labour Regulation Act, 1986 and Child Labour Regulation Act, 1986.[1] The 2021 bill aims to provide a dedicated legislation. Earlier forms of the proposed legislation included the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016 and the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018. The 2018 bill was tabled in the Lok Sabha and passed in July 2018. However the bill never made it to the Rajya Sabha following public disapproval. Following the completion of the first term of the Narendra Modi government in 2019, the bill lapsed.[2]

Bills[edit]

TIP Bill 2016[edit]

The Bill was questioned for not covering all forms of human trafficking, for not clearly covering cross-border trafficking, and for not clearly explaining how the law is supposed to interact with other legislation such as Protection of Children from Sexual Offence Act. The role of consent in whether the trafficked person wants to be rescued and rehabilitated is not sufficiently covered.[3]

TIP Bill 2018[edit]

The 2018 bill was again criticized for not doing what it set out to do, that of being "clear and comprehensive".[4] It was criticized for being too criminal-centric and not victim-centric enough.[5] The aspect of how the bill would fit into the current legislative framework was again raised.[6]

TIP Bill 2021[edit]

The 2021 bill makes the National Investigation Agency the lead investigating agency on such matters. However it was pointed out that the bill did not elucidate rescue protocols.[7][8]

References[edit]

  1. "The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018". PRS Legislative Research. Retrieved 2021-07-30.{{cite web}}: CS1 maint: url-status (link)
  2. Pandit, Ambika (16 March 2020). "Reporting of crime a must in new anti-trafficking bill". The Times of India. Retrieved 2021-07-30.{{cite web}}: CS1 maint: url-status (link)
  3. Written submission to Ministry of Women and Child Development: Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016. Anti-Slavery International. 30 June 2016. Retrieved on 30 July 2021.
  4. Tandon, Tripti (2015-06-05). "India's Trafficking Bill 2018 is Neither Clear Nor Comprehensive". Economic and Political Weekly: 7–8.
  5. Bhattacherjee, Kallol (2018-07-25). "Anti-trafficking Bill could harm victims, warn experts". The Hindu. ISSN 0971-751X. Retrieved 2021-07-30.
  6. Mahara, Priti (1 August 2018). "Anti-trafficking bill: Proposed law must be victim-centric and take a child rights approach". Scroll.in. Retrieved 2021-07-30.{{cite web}}: CS1 maint: url-status (link)
  7. Roy, Esha (2021-07-05). "Draft anti-trafficking Bill widens scope of offences, includes stringent penalties". The Indian Express. Retrieved 2021-07-30.{{cite web}}: CS1 maint: url-status (link)
  8. Singh, Shiv Sahay (2021-07-18). "Concerns remain over anti-trafficking bill". The Hindu. ISSN 0971-751X. Retrieved 2021-07-30.