By Anushree Jois
According to a recent report, the Centre is planning to set up a focused anti-human trafficking wing under a central investigation agency like the National Investigation Agency. Expected to function under the Ministry of Home Affairs, its funds will be allocated from the Nirbhaya Fund of the Ministry of Women and Child Development (WCD). As India currently does not have a dedicated investigating agency to probe into human trafficking cases, this move is set to garner its much-required attention.
Loopholes in the present legal system
There are multifarious laws to govern different forms of human trafficking like sex trafficking, commercial exploitation, bonded and forced labour, and forced prostitution. According to the Global Slavery Index of 2016 conducted by Australias Walk Free Foundation, India is the country having the highest number of people entrapped in modern slavery, a colossal 18 million people. There is a need for a comprehensive legal framework to bring together all existing laws and introduce offences that were not earlier made punishable under the existing legal framework. A strengthened prosecution will also assist in increasing convictions and penalising perpetrators. It is disappointing that India has fallen prey to one of the most organised crimes in the world. Fingers are pointed at the lack of an empowered investigation agency to probe into the crime across states and countries.
The President of NGO Shakti Vahini, Ravi Kant, had on an earlier occasion said, Traffickers enjoy immunity because local police agencies are not able to probe inter-state or cross-border crimes. We require a nodal agency as 80-90% of trafficking cases span across various states.
Measures taken to plug the loopholes
Shamed by the Global Slavery Index and the need to contain the significant problem, introducing a new and sound legal framework became imperative. The WCD proposed to draft a new legislation and accordingly introduced the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill in 2016. The Bill sought to create a strong legal, social and economic environment against trafficking and to plug in all loopholes in the existing system. After receiving comments from the public and experts, a committee was formed to consider the opinion and rework the draft. The recent reports suggest that the redrafted Bill is in pipeline to be placed before the Parliament in the coming session.
Furthermore, pursuant to a petition before the Supreme Court, the Centre was directed in 2015 to draft a new legislation on anti-human trafficking and to also form an Organized Crime Investigating Agency, a body to exclusively probe human trafficking cases. While the Centre is already in the process of tabling the new legislation before the Parliament, there are also talks of constituting such an investigating agency.
Need for a dedicated wing
The data released by National Crime Records Bureau (NCRB) in November 2017 reflected that there were 8,123 human trafficking cases reported in 2016 as against 6,877 cases in 2015. While the number of reported cases has increased, activists voice that the actual magnitude of the cases is in fact, many times more.
Over the years, the need for a focused investigation agency has been often highlighted to address the crime of human trafficking. In this regard, WCD has written to the Home Ministry requesting for a dedicated set up within an investigating agency like the NIA to probe trafficking cases and coordinate investigation into trafficking networks operating across states and beyond India. While the Ministry has given its nod for setting up such an agency, more information regarding details about its structure, functioning and powers will follow only after a formal note is circulated by the WCD.
Impact of the new wing in hindsight of the new legislation
A U.S. State Department Report in 2013 estimated that up to 65 million people were trafficked and forced into labour, both into and outside India. Despite this, the number of cases reported every year are in mere thousands. A strong legal system, coupled with a specialised investigation agency, is indispensable to tackle the looming crisis.
The proposed Bill provides for the establishment of a particular forum to tackle and control human trafficking, including co-operative measures with foreign authorities to gather intelligence and conduct investigation. In this background, the constitution of a dedicated wing to undertake the investigations into trafficking cases and co-ordinate into trafficking networks will only bolster the system of the investigations under the Bill.
NIA likely to undertake human trafficking cases
The government has an option to form an independent investigation agency or form a wing under an existing central investigation agency. The WCD appears to have opted for the latter, as it has zeroed in on the National Investigation Agency (NIA). NIA, primarily an anti-terror probe agency, was constituted under the National Investigation Act, 2008. With the powers to conduct necessary investigations within India and abroad, the Agency is being viewed as a proper choice to undertake investigations into human trafficking as well.
Utilisation of Nirbhaya Fund
The Nirbhaya Fund was set up for implementation of initiatives aimed at enhancing security and safety of women. Since 2013, every budget has set aside a certain amount towards the Nirbhaya Fund. Since the fund is a non-lapsable one, its corpus has accumulated about Rs.3,000 crore. It is disappointing that in spite of several schemes having been approved by WCD, the funds are only marginally utilised for the objectives. Information regarding the utilisation of the funds at the ground level is not available.
The recent reports suggest that the Ministry has recommended the proposed wing to extract funds from the corpus of Nirbhaya Fund as the purpose concerns women safety issues. The wing is expected to receive Rs. 324 crores. The data released by NCRB reflects that out of over 23,000 victims that were rescued during 2016, over 60% were children, while women and girls accounted for 55%. Clearly, the victims mostly are women and girls and the allocation of funds for this purpose is apt.
Welcome move against the crime
Human trafficking is one of the most heinous crimes against humanity. It has now become a global crisis. The United Nations Office on Drugs and Crime has in its report in 2016 stated that 70% of detected victims across the globe are women and children. In the recent years, India has received flak for topping the Global Slavery Index and for its insufficient laws and lack of investigation agency.
An empowered investigative agency will not only boost the purpose of the Bill but is also a necessity as India, at present, does not have such an agency to probe into cases that are intra-state, interstate and international in nature. Much is being done towards establishing a strong legal framework and a dedicated investigation agency in the recent years. However, the efforts will be fruitful only when effective implementation of the law ensures prosecution and punishment of perpetrators resulting in deterrence to those who are involved in this notorious crime.
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