Human rights activists and sex workers today demanded that the proposed anti-trafficking Bill distinguish between trafficking and prostitution so that its provisions were not "misused" to harass prostitutes.
The draft anti-trafficking Bill, which was unveiled in May last year, has proposed severe punishment that may extend to life term for offenders, and a national body for rescue and rehabilitation.
The activists claimed that several provisions within the draft bill were "against the interests of sex workers" and could be "misused" to penalise them with upto ten years imprisonment.
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For instance, they said, under 'aggravated trafficking' the proposed legislation recommends stricter punishment of upto life imprisonment for offenders. This includes use of drugs and alcohol for trafficking.
As per the draft, life term also applies in cases of trafficking where a victim contracts HIV/ AIDS or becomes pregnant.
"These are common occurrences in the lives of sex workers who can be targeted under the proposed law," Tripti Tandon of Lawyers' Collective said.
She also opposed the "arbitrary powers" given to police officers to raid premises.
"The Bill gives any law enforcement official to carry out a search without any warrant being issued and allows any police officer to conduct a raid," she said.
Representatives of 43 sex worker organisations from 12 states pressed for greater involvement of sex workers in the drafting of the law.
"No policy decision on issues which directly or incidentally impact sex workers should be made without meaningful and inclusive consultation with prostitutes," they said.
The activists said the committees set up under the proposed Bill for rehabilitation of victims of trafficking must include sex workers and should be modelled on 'Self-Regulatory Board' (SRBs) set up in various states.
The SRBs are groups of women engaged in sex work who help in rescuing under-age and unwilling women entering the trade. They also help other sex workers in acquiring Aadhar and PAN cards, opening bank accounts, et al.
The model is being implemented by Durbar Mahila Samanwaya Committee (DMSC) in West Bengal. It has set up 63 boards in various districts in the state and has been able to rescue over 1,000 victims.
Similarly, 'Ashodaya' in Karnataka has set up SRBs in 6 districts of the state.
A Supreme Court-appointed panel had in November 2016 recommended setting up of a multi-stakeholder body on the lines of SRBs with 50 per cent membership for women in this trade. It had also proposed legalising sex work and issuing voter-id cards and ration cards to prostitutes.
The Women and Child Development Ministry had made public its draft anti-trafficking Bill and sought feedback from all stakeholders. Several rounds of consultations were held with civil society members after which the draft was amended.
It is now likely to be sent to the Cabinet, according to officials of the Ministry.
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