GOVERNMENT OF INDIA
Ministry of Women and Child Development

RAJYA SABHA
UNSTARRED QUESTION NO 451
TO BE ANSWERED ON 21.07.2016
Consultation Process on Trafficking of Persons Bill

451. Shri Rajeev Chandrasekhar 

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:-

(a) the details of the consultation process followed by the Ministry on the Draft Trafficking of Persons Bill, 2016; and

(b) whether the Ministry acknowledges that it is inconsistent with the Pre-legislative Consultation Policy (PLCP) in the consultation issued on the Draft Trafficking of Person Bill, 2016, with regard to release of an explanatory note explaining key legal provision in a simple language, holding consultations with all stakeholders and the publishing of brief justification for the legislation, financial implications and estimated impact of the legislation on environment, fundamental rights, etc. and the reasons therefor?

Answer
MINISTER OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI MANEKA SANJAY GANDHI)

(a) & (b): Yes, Sir. In the Writ Petition No. 56/2004 in Prajawala vs. UOI &Ors., the Hon’ble Supreme Court considered the report of National Legal Services Authority (NALSA) on trafficking and directed that the recommendation contained in the report be considered and necessary action taken by the Government. The report submitted by NALSA inter-alia recommended strengthening legislative frame-work for combating human trafficking of all forms. As the legislation required coordination with a number of Ministries/Departments of Government of India along with the State/UT Governments & Civil Society Organisations (CSO) working in this domain, it was directed by the Hon’ble Court that an Inter-Ministerial Committee (IMC) be constituted. Accordingly, an IMC with concerned stakeholders was constituted under the Chairpersonship of Secretary, Ministry of Women & Child Development (WCD). To begin with and during the course of hearing of the case & as per the directives of the Hon’ble Court, the NALSA report on trafficking was considered in a meeting of Central Advisory Committee (CAC) held on 3rd September, 2015 under the Chairmanship of Secretary, WCD involving all State/UT Governments, concerned Ministries/Departments of Government of India along with CSOs. As per the decisions taken in the CAC meeting, the matter was further deliberated upon in the meetings of the Standing Committee held on 13.10.2015 & 02.11.2015 under the chairmanship of Secretary, WCD. Subsequently, two meetings of the IMC were held under the Chairpersonship of Secretary, WCD on 27th January’2016 & 17th February’2016 respectively to deliberate upon the draft legislation on human trafficking. As per the decision taken during the second meeting of IMC, a meeting of Sub-Committee under IMC was held on 10.03.2016 to consider the draft legislation. Pursuant to this, the Draft Bill on “Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016” was unveiled and uploaded on the website of Ministry of Women & Child Development on 30.05.2016 for seeking comments. The Ministry has followed the consultation process on Trafficking of Person’s Bill in tune with the Supreme Court’s directives and Pre-legislative Consultation Policy. Further, the consultations are an ongoing process till the finalization of the draft legislation.