HUMAN TRAFFICKING
Harsh Hand
The parliament passed a new act against human trafficking with severe punishments for traffickers
By NIRAKAR POUDEL
Tulsi Tamang (name altered), a 22-years-old girl from Makwanpur, was traded to a trafficker by her own aunt. The trafficker and her aunt coaxed her to go to India promising a good work there. Her visit to India ended up in a brothel where she was forced to become a prostitute.
However, she was successful in escaping from the brothel after two years of painful life there. On her return to Nepal, she filed a case against her aunt and the trafficker who sold her to the brothel.
As the legal process is complicated, the process is lengthy to get justice. Even after four years elapsed, she was denied justice. Frustrated and despaired by the lengthy and complicated judicial procedure she had no hopes for getting justice until the parliament passed a New Human Trafficking Control Act recently. Like Tulsi many others who are seeking justice in the court have reasons to rejoice as the new act promises to deal with the crime stringently.
In Appellate-level Attorney General Offices, there 73 cases were registered about human trafficking last year. Out of them, only 11 offenders were convicted while 50 cases are still pending. Likewise, during the period, the district Attorney General offices filed 203 cases in the district courts. Among them 60 were convicted and 35 freed while 108 cases are still pending.
Many victims like Tulsi Tamang were denied justice by the ineffective trafficking control act of 1986. The process prescribed in the law was lengthy. According to the act, a guilty could be sentenced to two to four years of imprisonment with a penalty running 20 years in prison.
Although the act seemed harsh enough to act as deterrent, it was very inefficient. Ironically, the burden of proof was on victims themselves. This was a big loophole and the culprits capitalized on it.
Victims had to present enough evidences to convict the guilty party. Such a cumbersome task compelled girls to withdraw their statements. The law also gave the offender ample opportunities to destroy all the evidences.
Statistics also show that the judicial procedure is very long. For example, according to annual report of Attorney General 2061/62 (2005/06), out of 117 cases regarding human trafficking, only 29 cases were completed. There were still 88 cases pending in the court. Out of 29 cases, in 16 cases the defendants were convicted.
When only 25% of the cases are decided in one year, victims become frustrated because the holdup costs them their time and money. The pending cases are aggregated with new cases of another year making the judicial process very lengthy. In most of the cases, the delay may be credited to the time spent in gathering evidence. Therefore, there were many cases in which the victims spent many years waiting for hearing but were denied justice.
After the passing of new act, there are reasons to rejoice for the victims of trafficking now. The act has addressed the most serious loophole of the old act. The burden of proof has shifted from the victim to the culprit. Now, the defendant has to accumulate proofs to prove that he/she is innocent.
"This new bill was passed by the legislative parliament following a series of discussions with all stakeholders and officials. The new act covers the broader area of human trafficking," said Binod Kumar Adhikary, secretary of Human Rights and Social Justice Committee.
The clause 7 of the new act has given the police the authority to take control of the property of the person who is guilty. According to this act, police can use force in case of the obstruction by the offender, confiscate the property of the offender and even apprehend the guilty party without warrant.
This clause provides extremely less room for the offender to flee or even destroy evidence. The act as a whole is harsher towards the offender. It has certainly provided sufferers edge over criminals. Clause 24 prevents third party from obstructing the investigation process against the offender.
"This new act has addressed the human trafficking in broader terms. The act is also harsher than the previous act. Punishments for criminals are stricter," said Adhikary.
For example, 15 years of imprisonment for a person who is proven guilty in human trafficking has been increased to 20 years. There is a provision of prize of 10% of total fine for informers who inform the authority about human trafficking. People are also encouraged to inform about trafficking by concealing the identity of informer and providing them security if needed.
Clause 27 of the act mentions about the trial in closed court room. This clause will encourage more victims to come forward and file cases against lawbreakers. Closed court room means that all the information remain confidential. Therefore, women don't have to fear that their cases will be disclosed to society. This is very encouraging for women.
The act has been hailed as a milestone by many NGOs working against human trafficking. Many people are also optimistic that it will deter women trafficking. But only time will tell if this act will be able to address the problem of human trafficking in Nepal.
