Editorial
Proposed anti-trafficking law
Tougher laws will require tighter implementation
The proposed Human Trafficking (Prevention and Protection) Act-2011 -- which has defined human trafficking as "sale or transfer of men and women by force, threats or cheating for sexual and commercial purposes or other forms of exploitation" -- also includes labour trafficking. Under the act, trafficking and related crimes will be non-bailable and non-compoundable and will be tried in speedy trial tribunals in all districts and metropolitan cities. While the initiative is commendable, implementation is another matter. The act is a broad one and enforcement must be as efficient.
Statistics on trafficking are hard to come by, but human trafficking has been identified as the third largest source of profit for organised crime after weapons/arms and drug trafficking. Those trafficked from Bangladesh, which acts mainly as a source country, end up in the sex trade in India and Pakistan, or in the Middle East, either as cabaret dancers or barmaids, or else as domestic workers, also often subjected to sexual abuse by their employers. Children are often forced to beg or are victims of organ trafficking, while male children as young as four years old are made camel jockeys in Middle Eastern countries.
While counter-trafficking efforts have grown and improved over the years, the trafficking syndicates themselves have also become more organised. Directly or indirectly, law enforcers allegedly play a role in the trafficking process, while legal procedures themselves are lengthy and cumbersome. The proposed law stipulates that trials should be completed within 180 days, which is encouraging.
Formerly, the lack of a victim/witness protection act resulted in few cases being taken to court. Perpetrators would often negotiate with the victims. These problems may be countered by the proposed law, which includes a clause on victim protection. By making the crime non-compoundable, it also does not allow compromises in ongoing cases.
The absence of extradition treaties between countries also makes it difficult for source countries to have traffickers sent back and prosecuted, a matter which needs to be addressed. Post-rescue rehabilitation and repatriation measures for victims are crucial.
Finally, there is a fine line between migration and trafficking. Tougher laws and their implementation are needed to prevent trafficking, protect victims and punish perpetrators, but they should not get in the way of safe migration, which is a right.
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