KATHMANDU, March 24: The government has introduced a bill to amend the Human Trafficking and Transportation (Control) Act, 2007, with the aim of providing relief to victims. The bill, presented in the federal parliament, includes a provision stating that Nepali citizens, even if residing outside Nepal, will be subject to the law if they commit human trafficking crimes against any person. Previously, the law only applied to those for trafficking Nepali citizens while living abroad.
Similarly, the bill expands the definition of human trafficking to include coercively or fraudulently moving someone from one place to another within Nepal. It states that transporting someone within Nepal or taking them abroad through deception or coercion for the purpose of exploitation, including buying or selling, will be considered human trafficking.
Previously, Section 4, Subsection 2(c) of the Human Trafficking and Transportation (Control) Act, 2007 stated that taking a person abroad for the purpose of buying or selling them constituted human trafficking. A new provision allows authorities to seize or block the assets or passport of individuals accused of human trafficking if they are on the run and have not been arrested.
An amendment to Section 15 of the Act expands the scope of punishments for human trafficking offenses. The punishment for buying or selling a person remains 20 years of imprisonment, but the fine has been increased from Rs 200,000 to Rs 500,000.
Human trafficking through Pashupatinagar on the rise
Those who traffic children within Nepal will face 10 to 12 years of imprisonment and a fine of Rs 200,000 to Rs 300,000. Similarly, those who traffic individuals other than children within Nepal will be subject to 5 to 10 years of imprisonment and a fine of Rs 100,000 to Rs 200,000.
The provision to keep the name, surname, and origin of victims confidential has been made stricter. In cases of human trafficking or smuggling, if revealing the identity of the accused would also disclose the victim's identity, the details of the accused must also remain confidential.
The definition of exploitation has been expanded to include enslavement, forced prostitution, and forced labor or services. Previously, the definition covered enslavement, bondage, and the illegal removal of body parts. The government has also introduced provisions to strengthen surveillance at international borders and airports to prevent and control human trafficking and smuggling.
The bill mandates that courts evaluate the best interests of the child and order compensation in cases where children suffer physical, mental, or social harm. Additionally, the cost of rescuing victims will be covered by a rehabilitation fund.
If a person is found to be a victim of human trafficking or smuggling within Nepal, the district committee, in coordination with provincial and local committees, is required to immediately rescue the individual and work with the national committee for their rehabilitation. If the rescued individual is a foreign national, the district committee must submit a written report to the national committee for further management.
The national committee will recommend to the Government of Nepal to repatriate the rescued individual to their country of origin or the country where they have the right to permanent residence. The Government of Nepal will coordinate with the concerned country through diplomatic channels for their return.
The bill, presented by the Ministry of Women, Children, and Senior Citizens, aims to hold all three tiers of government accountable for addressing the globally widespread organized crime of human trafficking.
The government has stated that Nepal has signed international agreements on human trafficking and smuggling and introduced the bill to update national laws accordingly. This includes provisions from the supplementary protocol under the United Nations Convention against Transnational Organized Crime (UNTOC), which focuses on preventing, suppressing, and punishing human trafficking, particularly the trafficking of women and children.