The Government of India’s intention to strengthen measures to tackle human trafficking is welcome. The proposed Trafficking of Persons (Prevention, Care and Rehabilitation) Bill 2021, however, is unlikely to achieve that goal unless it is revised to reflect international labour standards, especially those related to forced labour. From the point of view of labour law, there are four main points of concern.
Impact of the bill on the world of work
In addition to human trafficking, the bill covers areas of labour and employment. In India these are the mandate of the Ministry of Labour and Employment. Any changes in labour laws require adequate discussion and consultation with workers and employers’ representatives in line with ILO Convention No. 144 on Tripartite Consultation (International Labour Standards), which has been ratified by India.
Particularly concerning is the bill’s over-reliance on criminalisation as a method of deterrent. This undermines labour law. While it is understandable that forced labour and trafficking offences are linked to criminal offences, this current bill brings common labour relations, such as recruitment, poor working conditions, non-payment of wages, and other irregular work arrangements, under the domain of criminal law. Labour relations like these are best addressed under the ambit of applicable labour law and the Bonded Labour System (Abolition) Act, 1976. Criminal law is not the optimal mechanism to address them unless a criminal offence has been established by the Court of Law.
