In this second part of the series on the Anti-Trafficking Bill, 2018, I shall deal exclusively with how the Bill departs from the core principles of Criminal Law and falls short of providing safeguards. The Bill introduces numerous other offences (Sections 33 to 45) and relies heavily on criminal law. However, it does so without many of the substantive and procedural safeguards that are integral to criminal law systems around the world,
The political economy of Indian criminal law is fast changing. Even as Section 377 of the IPC on sodomy and Section 497 on adultery have been read down to further the equality of LGBT persons and women, new forms of carcerality that threaten to marginalise the most vulnerable groups of society take shape.