Anti-Trafficking Bill Under Consideration, Being Revised Further: Centre Informs Supreme Court

The Draft Trafficking of Persons (Protection, Care and Rehabilitation) Bill is presently under the government's consideration and is being revised further, the Union's affidavit dated December 1, 2022, informed.

"Presently, the Draft Trafficking of Persons (Protection, Care and Rehabilitation) Bill is under the consideration of the Government for ensuring that it is duly responsive ground-level realities and requirements of the nation from all perspectives, and is also appropriately complimentary to and juxtaposed and coordinated with the country's existing legal framework and international obligations".

The affidavit further says that the extensive Draft Bill now includes provisions to curb organized crimes and trafficking including cross-border crimes and aggravated forms of trafficking, among others.

"...The Draft Bill now includes important provisions pertaining to organized crimes in trafficking including cross border crimes, aggravated forms of trafficking, mandatory reporting, use of cyber or online tools for trafficking, higher victim focus, the institutional framework for rehabilitation, and stringent punishments to effectively tackle human trafficking in all its forms and aims to comprehensively capture all aspects, manifestations, and dimensions, as far as the possible of this grievous human and economic crime into one's self-contained legal framework."

Since the Court's directions, the affidavit gives a detailed background of the making of the Draft legislation.

In line with the Court's direction, the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 was introduced in the 16th Lok Sabha for consideration. Though it was passed by the Lok Sabha on July 26, 2018, it could not be considered in the Rajya Sabha. Consequently, the Bill bill lapsed on the dissolution of the 16th Lok Sabha.

After subsequent discussions, the Bill was re-drafted as the Trafficking of Persons (Protection, Care and Rehabilitation) Bill and was examined by a group of ministers on September 10, 2020. Revisions based on the Ministers' inputs were incorporated into the Bill.

On April 6, 2021, the Draft Bill was re-circulated to concerned Ministries/Departments for comments and suggestions, which were then analyzed and suitably incorporated.

Simultaneously, the clauses of the Draft Bill were refined after consulting the Legislative Department.

On June 30, 2021, the Draft Bill was circulated to States and Union Territories and published on the Ministry of Women and Child Development's website for comments and suggestions till July 14, 2021. The Authorities received more than 110 suggestions and comments.

To re-introduce the revised Bill afresh, the Draft Cabinet Note and proposed revised Bill were sent to the Cabinet Secretariat on March 22 of this year which was returned with certain comments.

"Accordingly, the Bill is further being revised. It is humbly submitted that the endeavor of the Ministry is to finalize the Draft Bill in consultation with other line Ministries, as may be required, before seeking Cabinet approval for its introduction in the Parliament following due procedure."

Concerning the other Court direction for setting up an Organized Crime Investigative Agency by the Ministry of Home Affairs, the affidavit informed that a decision was taken—instead of establishing a new agency, the National Investigation Agency will be assigned this responsibility at the national level.

"For this purpose, the NIA Act, 2008 has been amended in 2019, adding sections 370 and 370A of the IPC in the Schedule, thus, empowering NIA to take up cases of human trafficking for investigation".

Case Title: Prajwala vs UOI | MA No. 530 of 2022