The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 is listed for passage in Rajya Sabha today. Earlier this year, the Bill was introduced and passed in Lok Sabha. It provides for the prevention, rescue, and rehabilitation of trafficked persons. If the Bill is not passed today, it will lapse with the dissolution of the 16th Lok Sabha. In this post, we analyse the Bill in its current form.

What was the need for a new law? According to the National Crime Records Bureau, 8,132 human trafficking cases were reported in India in 2016 under the Indian Penal Code, 1860.[i] In the same year, 23,117 trafficking victims were rescued. Of these, the highest number of persons were trafficked for forced labour (45.5%), followed by prostitution (21.5%). Table 1 provides details of persons trafficked for various purposes (as of 2016).

In India, the offence of trafficking is dealt with under different laws. Trafficking is primarily an offence under the Indian Penal Code, 1860. It defines trafficking to include recruiting, transporting, or harboring persons by force or other means, for exploitation. In addition, there are a range of laws presently which deal with bonded labour, exploitation of children, and commercial sexual exploitation. Each of these laws operate independently, have their own enforcement machinery and prescribe penalties for offences related to trafficking.

In 2015, pursuant to a Supreme Court order, the Ministry of Women and Child Development constituted a Committee to identify gaps in the current legislation on trafficking and to examine the feasibility of a comprehensive legislation on trafficking.[ii] Consequently, the Trafficking Bill was introduced in Lok Sabha by the Minister of Women and Child Development, Ms. Maneka Gandhi in July, 2018.

What does the Bill seek to do? The Bill provides for the investigation of trafficking cases, and rescue and rehabilitation of trafficked victims. It includes trafficking for the purposes of sexual exploitation, slavery, or forced removal of organs. In addition, the law also considers trafficking for certain purposes, such as for begging or for inducing early sexual maturity, to be an aggravated form of trafficking. These forms of trafficking attract a higher punishment.

In order to punish trafficking, the Bill provides for the setting up of investigation and rehabilitation authorities at the district, state and national level. The primary investigation responsibility lies with anti-trafficking police officers and anti-trafficking units constituted at the district level. The authority at the national level can take over investigation of cases referred to it by two or more states.

The Bill also provides for the setting up of Protection Homes and Rehabilitation Homes to provide care and rehabilitation to the victims. The Bill supplements the rehabilitation efforts through a Rehabilitation Fund, which will be used to set up the Protection and Rehabilitation Homes. Special Courts will be designated in every district to complete trial of trafficking cases within a year.

Additionally, the Bill specifies penalties for various offences including for promotion of trafficking and trafficking with the aid of media. All offences are cognizable (i.e. police officer can arrest without a warrant) and non-bailable. If a person is found guilty under the Bill and also under any other law, the punishment which is higher will apply to the offender.

How does the Bill compare with existing trafficking laws? The current Bill does not replace but adds to the existing legal framework. As discussed above, currently a range of laws deal with various aspects of trafficking. For instance, the Immoral Traffic (Prevention) Act, 1986 covers trafficking for commercial sexual exploitation while the Bonded Labour System (Abolition) Act, 1976 deals with punishment for employment of bonded labour. These laws specify their own procedures for enforcement and rehabilitation.

One of the challenges with the Bill is that these laws will continue to be in force after the Bill. Since each of these laws have different procedures, it is unclear as to which procedure will apply in certain cases of trafficking. This may result in overlap in implementation of these laws. For instance, under the ITPA, 1986, Protective Homes provide for rehabilitation of victims of sexual exploitation. The Bill also provides for setting up of Protection Homes. When a victim of sexual exploitation is rescued, it is not clear as to which of these Homes she will be sent to. Further, each of these laws designate special courts to hear offences. The question arises as to which of these courts will hear the case.

Are the offences in the Bill reasonably tailored? As discussed earlier, the Bill imposes penalties for various offences connected with trafficking. One of the offences states that if trafficking is committed on a premise, it will be presumed that the owner of the premise had knowledge of the offence. The implication of this would be that if an owner lives in a different city, say Delhi, and lets out his house in Mumbai to another person, and this person is discovered to be detaining girls for sexual exploitation on the premise, it will be presumed that the owner knew about the commission of the offence. In such circumstances, he will have to prove that he did not know about the offence being committed on his premise. This provision is a departure from the standard principle in criminal law where the guilt of the accused has to be proved and not presumed.

There are other laws where the owner of a property is presumed guilty. However, the prosecution is required to prove certain facts before presuming his guilt. For instance, under the Narcotics and Psychotropic Substances Act, 1985 it is presumed that the owner has knowledge of an offence committed on his property. However, the Bill clarifies that the presumption will only apply if the prosecution can prove that the accused was connected with the circumstances of the case. For instance, an owner of a truck is not presumed to be guilty only because his truck was used for transporting drugs.[iii] However, he may be considered guilty if he was also driving the truck in which drugs were transported.[iv] The Bill does not contain such safeguards and this provision may therefore violate Article 21 of the Constitution which requires that laws which deprive a person of his life or personal liberty should be fair and reasonable.[v]

Does the Bill provide any protection to trafficking victims compelled to commit crimes? The Bill provides immunity to a victim who commits an offence punishable with death, life imprisonment or imprisonment for 10 years. Immunity to victims is desirable to ensure that they are not prosecuted for committing crimes which are a direct consequence of them being trafficked.[vi] However, the Bill provides immunity only for serious crimes. For instance, a trafficked victim who commits murder under coercion of his traffickers may be able to claim immunity from being tried for murder. However, if a trafficked victim commits petty theft (e.g. pickpocketing) under coercion of his traffickers, he will not be able to claim immunity.

Further, the immunity is only available when the victim can show that the offence was committed under coercion, threat, intimidation or undue influence, and there was a reasonable apprehension of death or injury. Therefore, it may be argued that the threshold to claim immunity from prosecution may be too high and may defeat the purpose for providing such immunity.

LADIS and its significance: Initially LAD information will be available for NW-1, NW-2, Indo-Bangladesh Protocol route and NW-3, along with the date of survey. The facility will be expanded to other NWs also.

LADIS will ensure that real-time data on least available depths is disseminated for ship/barge and cargo owners so that they can undertake transportation on NWs in a more planned way. Details of LAD will be fed into the portal by respective surveyors and regional incharge deputed with IWAI survey vessels which constantly move on NWs.

Significance: IWAI has designed LADIS to facilitate the day to day operations of inland vessels plying on National Waterways and to avoid any hindrance in service and operation.

An assured depth of waterway is required for seamless movement of vessels. If real time information is made available regarding LADs in stretches of various NWs, it will help transporters by guiding them on the suitability of time of movement.

It will enhance credibility and efficiency of information sharing to achieve seamless operations on National Waterways, besides pre-empting problems that may occur during movement of vessels.

About the project: Pahari Dam is a water storage dam situated on Dhasan River in Jhansi district. The Dhasan River is a right bank tributary of the Betwa River. The river originates in Madhya Pradesh.

Significance: The project will benefit farmers by reducing the water leakage from the dam and make more water available for the farmers.

About the Tagore award: The annual award was instituted by the Government of India during the commemoration of 150th Birth Anniversary of Gurudev Rabindranath Tagore.

The first Tagore Award was conferred on Pt. Ravi Shankar, the Indian Sitar Maestro in 2012 and second was conferred on Shri Zubin Mehta in 2013. The award carries an amount of Rs. 1 crore, a citation in a scroll, a plaque as well as an exquisite traditional handicraft/ handloom item.

The award is open to all persons regardless of nationality, race, language, caste, creed or sex. Awardees are selected by a jury headed by the Prime Minister of India.

Vande Bharat Express: It is India’s first indigenously built engineless semi-high speed train. Earlier, it was known by the name Train 18. It runs between Delhi and Varanasi at a maximum speed of 160 kmph. It has been built by the Integral Coach Factory, Chennai, in a record time of 20 months.

The train is a 100% ‘Make in India’ project and is claimed to be built at half the cost of a similar train set that is imported. It is energy-efficient as its coaches will be fitted with LED lights. Coaches will have automatic doors and retractable footsteps. It will be inter-connected with fully sealed gangways along with a GPS-based Passenger Information System. It is provided with Bio toilets.

Important modifications made are highlighted as under: Duration of stay in India of e-Tourist and e-Business Visas is maximum upto 1 Year with multiple entry subject to the stay stipulations. Also, the existing restriction of allowing foreigner for a maximum of three times has also been removed.

Changes in e-Tourist Visa: On e-Tourist Visa continuous stay during each visit shall not exceed 90 days in case of nationals of all countries who are eligible for grant of e-visa except nationals of USA, UK, Canada and Japan. In case of nationals of USA, UK, Canada and Japan continuous stay during each visit shall not exceed 180 days. In all cases no registration will be required.

Changes in e-Business Visa: Continuous stay during each visit shall not exceed 180 days in case of nationals of all countries who are eligible for grant of e-visa. No registration will be required if the stay is for a period of less than 180 days.

Other changes: e-Visa is valid for entry through 2 (two) more designated Airports (Bhubaneswar and Port Blair) raising the total number of such airports to 28. Attending Destination wedding under normal e-Tourist visa or Tourist visa- No separate category of Destination Wedding Visa

Foreign nationals who fall sick during their stay in India can now avail medical treatment without converting their visa into Medical Visa. This would take care of sudden medical emergencies. Visa-on-Arrival facility extended to the nationals of the Republic of Korea.

The bill aims to address various deficiencies in the management of the National Memorial and to ensure that the Trust is an apolitical entity.

Background: Jallianwala Bagh National Memorial Act, 1951 provided for the erection of a National Memorial in memory of those killed or wounded on April 13, 1919, in Jallianwala Bagh, Amritsar.

The 1951 Act also provided for a Trust to manage the National Memorial. The Trust as per the 1951 Act included the Prime Minister, as Chairperson, (ii) the President of the Indian National Congress, (iii) the Minister in-charge of Culture, (iv) the Leader of Opposition in Lok Sabha, (v) the Governor of Punjab, (vi) the Chief Minister of Punjab, and (vii) three eminent persons nominated by the central government.

Changes: The 2018 amendment bill removes the President of the Indian National Congress as a Trustee. It clarifies that when there is no Leader of Opposition in Lok Sabha, the leader of the single largest opposition party in the Lok Sabha will be the Trustee. The 1951 act provided that the three eminent persons nominated by the central government will have a term of five years and will be eligible for re-nomination. The 2018 bill added a clause to allow the central government to terminate the term of a nominated trustee before the expiry of his term without assigning any reason.

What’s the issue? There’s “official bias” in favour of bureaucrats and government employees in the process of appointment. In fact, the selection committee, which shortlists candidates for appointment, is itself composed of government employees.

This is against the fundamental principles of the Right to Information Act of 2005 which itself requires people from varied domains to man the Commissions. Besides, the entire RTI mechanism has been choked by rising pendency and growing number of vacancies of Information Commissioners.

What next? RTI law was enacted to ensure accountability in governance. The Commissions are meant to be the law’s eyes and hands to provide information to ordinary people. Therefore, the apex court has directed the government to look beyond bureaucrats and appoint professionals from “all walks of life,” including eminent persons with wide knowledge and experience in law, science and technology, social service, management, journalism as Information Commissioners.

About Central Information Commission (CIC): Established in 2005 by Central Government under provisions of Right to Information (RTI) Act (2005).

It acts upon complaints from those individuals who have not been able to submit information requests due to either the officer not having been appointed, or because the respective Officer refused to receive the application for information under the RTI Act. Composition: The Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India.

Appointment: CIC and members are appointed by the President of India on the recommendation of a committee consisting of—Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha; a Union Cabinet Minister to be nominated by the Prime Minister.

What is Most Favoured Nation status? Most Favoured Nation is a treatment accorded to a trade partner to ensure non-discriminatory trade between two countries vis-a-vis other trade partners.

The importance of MFN is shown in the fact that it is the first clause in the General Agreement on Tariffs and Trade (GATT). Under WTO rules, a member country cannot discriminate between its trade partners. If a special status is granted to a trade partner, it must be extended to all members of the WTO.

MFN at the same time allows some exemptions as well: Right to engage in Free Trade Agreements: This means members can participate in regional trade agreements or free trade agreements where there is discrimination between member countries and non-member countries.

Members can give developing countries special and differential treatment like greater market access. This special concession are in different forms like reduced tariff rates from developing country imports, concessions that allows developing countries to give subsidies to their production sectors etc. All these exceptions are subjected to strict conditions.

What are the pros of MFN? MFN status is extremely gainful to developing countries. The clear upsides are access to a wider market for trade goods, reduced cost of export items owing to highly reduced tariffs and trade barriers. These essentially lead to more competitive trade.

MFN also cuts down bureaucratic hurdles and various kinds of tariffs are set at par for all imports. It then increases demands for the goods and giving a boost to the economy and export sector. It also heals the negative impact caused to the economy due to trade protectionism. This irks the domestic industry. A country that grants MFN on imports will have its imports provided by the most efficient supplier. This may not be the case if tariffs differ by country.

Granting MFN has domestic benefits: having one set of tariffs for all countries simplifies the rules and makes them more transparent. It also lessens the frustrating problem of having to establish rules of origin to determine which country’s part of the product (that may contain parts from all over the world) must be attributed to for customs purpose. As MFN clause promotes non-discrimination among countries, they also tend to promote the objective of free trade in general.

What are the disadvantages of MFN? The main disadvantage is that the country has to give the same treatment to all other trade partners who are members of the WTO. This translates into a price war and vulnerability of the domestic industry as a result. The country is not able to protect domestic industry from the cheaper imports and in this price war, some domestic players have to face heavy losses or growth restrictions.

What does revoking MFN mean? Revoking it means India can levy whatever import tariffs it wants. India can now make it very expensive for Pakistan to export its goods or services to India.

Will this hurt Pakistan? So far, India has only revoked the MFN status. It has not altered the import duties on Pakistan. However, if it does hike them, then this will likely have an impact on that country.

What is the State of MFN Status Between India and Pakistan? India had granted MFN status to Pakistan in 1996, a year after the formation of WTO. But Pakistan hasn’t accorded MFN status to India till now.

This marked the conclusion of the 15-year saga. The decision to end the mission was made after all the efforts to restore contact with the Opportunity Mars rover didn’t yield desired results.

Why the NASA lost the contact with Opportunity? A historic global dust storm reached the location of the Opportunity rover on Mars. The storm darkened the skies and cut off of the rover’s solar power. All the efforts of NASA to restore the rover did not yield positive results.

Things worsened with the onset of the winter at the location of the Opportunity rover. The reduced sunlight and colder temperatures during winter made it unlikely for the recovery of the Opportunity rover.

About the Mission: Opportunity was the second of the twin Mars Exploration Rovers to land on Mars in January 2004. It landed 90 days after its twin rover Spirit landed. Spirit landed at Gusev Crater and Opportunity landed on the opposite side of Mars at Meridiani Planum.

NASA expected 90-day lifetimes for the rovers. Both Opportunity and Spirit far exceeded their expected lifetime. Spirit’s mission ended in May 2011 after travelling eight kilometres and Opportunity had logged 45 kilometres before losing contact in June 2018.

What is District cooling system? District cooling systems produce chilled water, steam or hot water at a central plant and then pipe that energy out (either underground or over rooftops) to buildings for air conditioning, space heating and water heating. As a result, these buildings don’t require their own chillers, air conditioners, boilers or furnaces.

They are considered to be highly efficient to address each of the challenges like high Capital and operating costs, reliability, flexibility and environmental sustainability while meeting their comfort and process cooling and heating needs.

District cooling uses only 50% of primary energy consumption for cooling urban building n compared to other cooling systems. This also reduces carbon emissions.

Context: A Supreme Court Bench has given a split opinion on whether the Delhi government has control over the administration’s services and decided to refer the question to a larger Bench.

Two judges- While Justice Bhushan held that the Delhi government has no power over services, observing that Entry 41 of the State List in the Seventh Schedule of the Constitution — dealing with ‘State Public Services’ — was outside the purview of the Delhi Assembly, Justice Sikri, the lead judge on the Bench, took the middle path.

What the Court said? The three areas over which the Delhi government will enjoy powers: Appointment of special public prosecutors or law officers. Fixing land revenue rate. Power to appoint or deal with electricity commission or board.

Powers given to the Centre: Delhi Anti- Corruption Branch cannot probe central government employees. Centre has the power to appoint enquiry commission.

What has been referred to the larger bench? Control over service matters involving transfers and posting of officers.

What does the constitution say on this? It is administered under Article 239 AA. Article 239 AA was incorporated in the Constitution in 1992. It creates a “special” constitutional set up for Delhi.

It has provisions for popularly elected assembly, a council of ministers responsible to the assembly and a certain demarcation of responsibilities between the LG and the council of ministers. As per Article 239 AA (3) (a), the Delhi assembly can legislate on all those matters listed in the State List and Concurrent List as are applicable to union territories. The public order, police and land are reserved for the LG. This special set up worked well mainly because the same party held office at the Centre as well as in Delhi for much of the time. Things changed when different government ruled the city and the centre.

Brief history: In 1911, Delhi became capital of India, headed by a Commissioner and then known as “Chief Commissioner’s Province.” In key legislations of that era, in 1919 and 1935, Delhi was seen as a centrally-administered territory.

In 1950 Delhi became a Part C state but in 1951 this category was abolished. All C-states got their own Legislative Assembly. Delhi did not have powers over public order, police, public utility authorities, lands and buildings and over offences and court jurisdictions related to these subjects.

In 1956 the States Reorganisation Act was passed along with the 7th Amendment to the Constitution. Now Delhi became a Union Territory. This means, it was headed by an Administrator appointed by the President. In 1966 the Delhi Administration Act came into the picture, giving Delhi a Metropolitan Council with 56 elected and 5 nominated members. In 1987 the Balakrishan Committee held that Delhi has a “special status” within the Constitutional scheme.

If there are differences: Generally, the administrator is merely a figurehead. But Article 239 says that the President, through the administrator, was ultimately responsible for good administration. Hence, Balakrishan Committee notes that the Administrator in Delhi’s scheme of things had a “somewhat more active part” while the President would have the final say. This was the scheme provided for in 1951, 1963 and also in 1978.