“The general consensus was that there needs to be a separate legislation to tackle the issue, as the existing legal provisions are in different laws, like the IPC and the Cr PC,” said an official in the ministry.
A new law on anti-trafficking, which was mooted by the ministry of women and child development, is currently with the law ministry for final clearance. If implemented, the law is likely to come up with stringent punishments for repeat offenders and offenders who traffick minors. The draft policy will be out in the public domain in a week or so.
The national advisory committee, headed by the ministry of women and child development secretary V Somasundaran, held meetings with state representatives, and the draft policy will be vetted by the law ministry. Replying to a question in the Rajya Sabha on Thursday, WCD minister Maneka Gandhi said that an inter-ministerial committee was set up in November last year to discuss the issue.
“The general consensus was that there needs to be a separate legislation to tackle the issue, as the existing legal provisions are in different laws, like the IPC and the Cr PC,” said an official in the ministry.
In 2004, Prajwala, an anti-trafficking NGO, filed a PIL in the Supreme Court, asking for a protocol for victim protection and guidelines to curb the problem. The SC then sent a directive to the government to form a separate legislation.
The new law will have a separate monitoring agency to curb trafficking. The Organised Crime Investigating Agency (OCIA), which will be a collaboration between the home ministry and WCD ministry, was announced in January this year. There will also be stringent punishment for repeat traffickers, and people who traffick minors. A minimum punishment of 14 years, and a maximum of a life sentence will deal with the cases.
Special courts to deal will trafficking will also be formed. Currently, only some states have such courts.
NCRB data reveals that between 2010 and 2014, trafficking cases saw a jump of over 60%. In 2010, and there were 3,422 cases, which rose to 5,466 in 2014.
Dr PM Nair, former NHRC officer and UNODC project officer, is a committee member, and feels that an effective accountability mechanism for better enforcement is needed.
"There must be accountability on victim rehabilitation, and the greatest need is to have a legislation that expedited sentencing," said Nair.
Anti-trafficking experts from NGOs also have also put demands for economic compensation, psychological counselling, and social integration. "Witness protection should be there, and no female victim or individual from outside India should face arrest," said an NGO official who did not wish to be named.
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