The Anti-Trafficking Bill, 2018: Does it Fulfill India’s Commitment to the International Community?

Author: Dube, Dipa; Chakraborty, Ankita & Winterdyk, John

Abstract: Trafficking in persons is one of the most complex and challenging problems faced by the world today. The United Nations has attempted to build a global momentum to combat this crime, commencing with the 1949 Convention for Suppression of the Traffic in Persons, and the millennial Convention against Transnational Organized Crimes and its Protocol (after this Palermo Protocol). The Conventions call upon State parties to adopt a comprehensive approach to prevent and combat trafficking in persons while emphasizing the human rights protection of the victims thereof. India, the epicenter of trafficking in the South-Asian region, owing to its geographical porosity and socio-economic condition, has pledged to join the fight not only by ratifying the Palermo Protocol in 2011 but also brought forth its enabling legislation, the Trafficking in Persons (Prevention, Protection, and Rehabilitation) Bill, 2018. With existing legislation already in vogue, the latest iteration merely appears to add to the entire cacophony, without addressing the core issues. The present paper analyzes the proposed legislation in the light of international standards and argues that the legislation emphasizes criminalization over a human rights perspective.

Keywords: India, anti-trafficking bill, trafficking, victims, Palermo Protocol