UN Special Rapporteurs Maria Grazia Giammarinaro and Urmila Boola [official profiles] expressed concern [official statement] Monday over an anti-trafficking bill known as the Trafficking of Persons Prevention, Protection and Rehabilitation Bill [materials] presented by the Indian government in Parliament last week.

The experts’ primary concern is that the bill is not human rights oriented and may increase the risks faced by trafficking victims. The two stated that “the Bill over-emphasises the criminal response and does not give due consideration to the rights and needs of victims and their effective protection and proper rehabilitation.” Giammarinaro and Boola also believe that making the law more human rights-centric will also aid in the investigation and prosecution of traffickers.

The bill was further critiqued for labeling acts more traditionally associated with prostitution and with the smuggling of migrants as trafficking acts. According to the Rapporteurs, “This may lead to the criminalisation of all irregular migrants, including victims or potential victims of trafficking, who, because of a lack of safe, orderly and regular migration channels, are forced into the hands of smugglers or traffickers.” By conflating sex work and trafficking, the duo claims the Indian law is not in line with the Palermo Protocol’s [text] definition of trafficking, which was crafted so as to omit sex work as a trafficking act.

The critics ended with a call on the Indian government to review international laws dealing with trafficking and bring the bill in line with the tenants of this body of law.