Question

In which year was the Human Trafficking (Prevention, Protection and Rehabilitation) Bill enacted?
1. 2018
2. 2001
3. 2008
4. 1980

Answer 1

Correct Answer - Option 1 : 2018

The correct answer is 2018.

• The Human Trafficking (Prevention, Protection, and Rehabilitation) Bill was enacted in 2018.

 

• The Bill punishes an owner or lessor of a premise if he knowingly allows trafficking to be carried out on the premise.  Under the Bill, the owner or lessor is presumed to have knowledge of the offence, unless they can prove otherwise.  This provision may violate Article 21 of the Constitution. 
• The Bill provides immunity to a victim only if he commits an offence punishable with imprisonment of more than ten years and not for lesser offences.  The high threshold may defeat the purpose of providing immunity.
• The Bill provides for punishment of persons who distribute or publish material that may lead to trafficking.  It is unclear as to how it will be determined if the act is likely to result in trafficking.
• The Bill classifies certain forms of trafficking as ‘aggravated’, which attract a higher punishment than other forms.  Therefore, the punishment for some of the aggravated offences such as begging is higher than the punishment for some other offences such as slavery.

• Definition of Trafficking:
  • The Bill defines trafficking to mean: (i) recruitment, (ii) transportation, (iii) harbouring, (iv) transfer, or (v) receipt of a person for exploitation, by using certain means. 
  • These means are the use of threat, force, abduction, fraud, deception, abuse of power or inducement.  Exploitation includes physical or sexual exploitation, slavery, or forced removal of organs.