Ms. Maneka Sanjay Gandhi

Ministry of Women and Child Development, Government of India 

Shastri Bhavan

New Delhi -110001

Chetan B. Sanghi, IAS

Joint Secretary 

Ministry of Women and Child Development

Government of India 

29 July 2018

Dear Madam,

Greetings from the Global Alliance Against Traffic in Women (GAATW)!

GAATW is a 24-year-old membership-based international network of civil society organisations working on women’s rights in the context of labour migration and human trafficking. Over the years we have engaged in evidence-based policy advocacy on human trafficking at international, regional and national levels. We wrote to you two weeks ago voicing our concerns over the draft anti-trafficking bill of India. Since then, you have introduced the Bill in the Lok Sabha and it has also been passed there. In the interim, many colleagues have also written to you and in the media expressing their concerns over the Bill and offering constructive criticism to move ahead in a consultative manner. Most notably, the UN Special Rapporteurs on Trafficking and Contemporary Forms of Slavery have also issued a statement urging India to draft a human rights-centered law.

We watched with interest the proceedings in the Lok Sabha and noted that several parliamentarians, while appreciating your effort, also made many valuable suggestions for improvement. Regrettably, while being apparently mindful of their suggestions, you dealt with them in a cavalier manner. You brushed aside all criticism by saying that all lacunae would be taken care of in the rules. And making use of the deep seated prejudice and stigma against sex workers, you reduced the very comprehensive critique of the Bill by one of your fellow parliamentarians to speaking for the sex workers and not for the victims. You lightheartedly described your comment as ‘wicked’.

Madam Minister, we join all our colleagues in India who have spoken up against your demeaning references to sex workers and transgender persons. When you make fun of marginalised groups in a society, you demean everyone. This is exactly the kind of dismissal that divides people and deepens existing hierarchies. We appreciate the fact that the Speaker of the House and some other members who spoke up do not share your attitude.

Further, your comment created a false dichotomy between victims of trafficking and sex workers. No worker, including sex workers, likes to be in abusive and exploitative situations. Neoliberal economic regimes around the world have created millions of workers who toil under abusive conditions. Since our economic regimes do not show signs of changing, more and more people will accept ‘unfree’ and ‘unprotected’ working conditions. Some of them will fall under the international definition of trafficking. Can the problem be addressed by turning all workers in irregular and abusive situations into ‘victims’? Will repatriating them to their home state not take them back to the same vulnerability that they had hoped to escape? Without adequate protection of labour rights, rights to form associations and right to collective bargaining, exploitation in work places cannot be eradicated. The sex workers and transgender groups are speaking up against the Bill because they have been negatively impacted by ITPA in the past and they know that this new Bill is just a rehash of the old Bill with greater power of surveillance given to law enforcement and bureaucracy. Other groups of workers will bear the brunt of the Bill when it becomes operational.

Madam Minister, from years of policy advocacy we know that very often good laws do not get implemented but the impact of bad laws is seen almost immediately. We implore you to draw from the excellent pieces of rights-based legislation related to this topic that India has and incorporate those into this Bill. We believe that there is still time to refer this Bill to a Standing Committee and have a serious discussion with a wider group of stakeholders.

In summary, we reiterate all the points made in our previous letter to you and appeal to you to allow more time so that India can come up with a piece of legislation that would truly be an example for other countries. With this in mind we urge you to refer the Bill to a Parliamentary Standing Committee.

Many thanks for your attention. We renew to the Ministry the assurances of our highest consideration.

Bandana Pattanaik

International Coordinator, GAATW