Page 14 - Tehelka Issue 15 August 2018

CoverStory

The Trafficking of Persons (PrevenTion,

ProTecTion and rehabiliTaTion) bill, 2018

NatioNal aNti-traffickiNg Police Officers for each district, to deal to the rescued persons.
Bureau: with all matters related to trafficking
The Bill provides for the establishment in the district. ProtectioN aNd
of a National Anti-Trafficking Bureau rehaBilitatioN
to investigate trafficking cases and aNti-traffickiNg uNits The Bill requires the central or state
implement provisions of the Bill. The The Bill also provides for the setting government to set up Protection
Bureau will comprise of police officers, up of Anti-Trafficking Units (ATUs) at homes. These would provide shelter,
and any other officers as required. It the district level. ATUs will deal with food, counselling, and medical services
may take over the investigation of any the prevention, rescue, and protection to victims. Further, the central or state
offence under the Bill, that has been of victims and witnesses, and for the government will maintain Rehabilita-
referred to it by two or more states. investigation and prosecution of traf- tion homes in each district, to provide
Further, the Bureau may: (i) request the ficking offences. In districts where an long-term rehabilitation to the victims.
state government to co-operate in the ATU is not functional, this responsibil- Rehabilitation of victims will not be
investigation, or (ii) transfer the case ity will be taken up by the local police dependent on criminal proceedings
to the state government for investiga- station. being initiated against the accused, or
tion and trial, with approval from the the outcome of the proceedings. The
central government. aNti-traffickiNg relief aNd central government will also create
rehaBilitatioN committee a Rehabilitation Fund, which will be
fuNctioNs of the Bureau Bill provides for the establishment used to set up these Protection and
key functions of the Bureau include: (i) of Anti-Trafficking Relief and Reha- Rehabilitation homes.
coordinating and monitoring surveil- bilitation Committees (ATCs) at the
lance along known routes, (ii) facilitat- national, state, and district levels. These time-BouNd trial
ing surveillance, enforcement and Committees will be responsible for: (i) The Bill provides for setting up desig-
preventive steps at source, transit and providing compensation to victims, nated courts in each district, which will
destination points, (iii) maintaining (ii) repatriation of victims, and (iii) seek to complete trial within a year.
coordination between law enforce- re-integration of victims in society,
ment agencies and non-governmental among others. PeNalties
organisations and other stakehold- Search and rescue The Bill specifies the penalties for vari-
ers, and (iv) increasing international An Anti-Trafficking Police Officer or an ous offences including for (i) trafficking
cooperation with authorities abroad ATU can rescue persons, if there is an of persons, (ii) promoting trafficking,
for intelligence sharing, and mutual imminent danger to them. They will (iii) disclosing the identity of the victim,
legal assistance. be produced before a Magistrate or and (iv) aggravated trafficking (such
Child Welfare Committee for medical as trafficking for bonded labour and
state aNti-traffickiNg examination. The district ATC will pro- begging). For example, aggravated traf-
officers vide relief and rehabilitation services ficking will be punishable with rigor-
Under the Bill, the state government ous imprisonment of 10 years up to life
will appoint a State Nodal Officer. imprisonment, along with a minimum
he will be responsible for: (i) follow the Bill provides fine of one lakh rupees. Further, the
up action under the Bill, as per the for setting up publishing of any material which may
instructions of the State Anti-Traf- lead to the trafficking of a person will
ficking Committee, and (ii) providing designated courts in be punishable with imprisonment
relief and rehabilitation services. The between five and 10 years, and a fine
state government will also appoint a each district, which will between 50,000 and one lakh rupees.
Police Nodal Officer at the state and seek to complete trial
district levels. The state government Credit: PRS India
will also designate Anti-Trafficking within a year

tehelka / 15 sept 2017 14 www.tehelka.com