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Immoral Trafficking Prevention Act , 2018 - Arthashastra

Immoral Trafficking Prevention Act, 2018

As in the earlier post all about Trafficking and laws Related to trafficking is discussed link for the same is Trafficking in India.
Immoral Trafficking Prevention Act , 2018 - Arthashastra
Immoral Trafficking Prevention Act , 2018 - Arthashastra



This post is an extension of the same and Includes all about the new Immoral Trafficking Prevention Act , 2018.

The Nobel Laureate Kailash Satyarthi called the bill ' historic' adding that " It's a victory of the 1.2 million people who participated in 11000 km long Bharat Yatra for this Demand.

New Bill covers aggravated forms of trafficking for forced labour , child bearing , begging and marriage and lays down stringent punishment for those found guilty

The Act aim to make India a leader in the fight against Anti - Trafficking in South Asia.

Government Statement " The bill address one of the most pervasive yet invisible crime affecting the most vulnerable person especially women and children."

Summary of the New Immoral Trafficking Prevention Act ,2018

  • Punishment - Under the New Immoral Trafficking Prevention Act ,2018  traffickers could be jailed for 10 year or for life .  Conviction also includes a fine of at least ₹100000 to ₹200000.
  • Nexus - In order to break the Organised  nexus , both at lNational and International level , the Bill provide for the attachment and forfeiture of property and also the proceeds for crime.
  • Special Court - Legislation also provides for Special Court setting a deadline of 1 year for trial and repatriation.
  • Rehabilitation-Under the law a rehabilitation fund will be set up to help victims rebuild their lives and they will be allowed to give evidence through video conferencing without being Identified.
  • Offences Covered - The law rates offences like administration of hormones for early Sexual maturity , exposing a person to life threatening illness and abetting a person to illegally migrate , as "Aggravated Trafficking Offence".
  • Specific Beautiful - Setting up of National Anti Trafficking Bureau under Home Ministry to deal with all type of human Trafficking.
  • Sex Workers - The law not intended to harass those sex workers who are voluntarily in the profession.
  • Guidelines - Bill Includes Guidance on law evidence should be collected and presented in Courts as well as witness protection.
  • Arresting Scope - Beyond arrest of manager and handler to the arrest of owner of the property who ought to have an idea of what is happening .
  • Coordination - This new law will boost number of prosecution and promote inter- agency coordination at state and district level.
  • Scope - For the 1st time a law moved away from Sex trafficking and recognised trafficking for Labour , Begging and Marriage as Offence.

Problems in the New Immoral Trafficking Prevention Act, 2018

  • Similar legislation - India already have same type of law so can confusion by dealing with same kind of law.
  • Delayed Justice - Long time for justice leads to delay in compensation.
  • Targetation - not targeted towards the  client or customer who pay to pimps to have sex with enslaved.
  • UN - experts urge India to align new Anti - Trafficking bill with human Right Law , because the experts explain that the bill over emphasis the criminal response , Including the promotion of rescue raids of victims in the name of rehabilitation not giving due consideration to their rights and need especially in terms of protection.
  • Over broad - Over broad and vague nature of some of the provision leads to blanket criminalisation of activities that don't relates to trafficking.
  • Migrants - Expressed concern as proposed law seems to conflate trafficking with the smuggling of migrants leads to criminalisation of all irregular migrants , including victims or potential victims of trafficking who because of lack of safe , orderly and regular migration channel are forced into the hand of smugglers or traffickers.q
  • Sex Workers - The rescue rehabilitation model victimized voluntary sex workers because it don't draw a fair distinction between sex trafficking victims and voluntary sex workers,  focus solely on trafficked person.


    Immoral Trafficking Prevention Act , 2018 - Arthashastra
    Immoral Trafficking Prevention Act , 2018 - Arthashastra

Conclusion

This Immoral Trafficking Prevention Act is not perfect but centainly a better law than before and it's critisism is based on Misunderstanding .


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