India took a giant step towards the protection of this women and children when the criminal law (Amendment) Act was passed by the Lok Sabha in 2013. Section 370 of the Indian Penal Code (IPC) was substituted with sections 370 and 370A, which defined trafficking and laid out the punishment for it. Despite the 2013 law, there has been an increase in the number of victims of human trafficking. It is to tackle this menace that the comprehensive Trafficking of persons (Prevention, Protection and Rehabilitation) Bill, 2018, was passed.
Let us be clear on what we understand by trafficking. “Traffic” means to trade something. It’s a transaction, and refers to the act of buying and selling. ‘Traffic’ or ‘trafficking’ is not wrong per se, but it is harsh when the transaction involves prohibited goods such as narcotics or firearms or if it involves people. Article 23 of the constitution prohibits “traffic in human beings and forced labour”. Human beings cannot be brought and sold.

The Bill places at its core the rights and welfare of victims of human trafficking. Under the Bill,

• Prosecution under these offences will be made timely and efficient by special public prosecutors.
•  It provides protection to witness.
• It also seeks to maintain the confidentiality of victims by recording their statements through video conferencing and by in camera proceedings.
•  A rehabilitation fund has been introduced for the first time. This will be used for the physical, psychological and social well-being of victims.

For the first time, the National Anti-trafficking Bureau will co-ordinate with authorities in foreign countries and international organisations, and facilitate inter-state and trans-border transfer of evidence and materials. The bureau will also co-ordinate actions by various bodies or authorities established under this bill.
It is crucial to note that trafficking is an organised crime. In order to break the organised nexus, at the national and international levels, the bill proposes attachment and forfeiture of property and to remit the proceeds of crime in the rehabilitation fund, It will also freeze bank accounts of those whose funds have been utilized to facilitate trafficking. By doing this, the Bill handicaps the organised trafficking networks.
Such systematic surveillance of offenders will, in about three years, not only help prevent trafficking but pre-empt it.