ISLAMABAD, June 9: The government is considering to promulgate an ordinance to curb human trafficking by stipulating punishments of up to 14 years and fine of up to Rs2 million, sources told Dawn here on Sunday.
The ordinance, sources said, aimed at preventing, suppressing and punishing trafficking of people, specially women and children, by supplementing the United Nations Convention against Transnational Organized Crime.
The draft ordinance, to be known as the “Prevention and Control of Human Trafficking Ordinance 2002”, has been sent to various ministries, including the ministries of women development, law and interior to solicit comments.
The draft ordinance recommends punishments of up to 14 years and a fine of up to Rs2 million for trafficking of children and women for entertainment or adoption.
According to the draft ordinance, “Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through coercion, force, fraud, kidnapping, abduction, deception or by giving or receiving payments or benefits, for trafficking him or her to another country or with intention thereof, for the purposes of entertainment or adoption by somebody therein and has received or expects to receive some benefit or profits in lieu thereof shall be punishable with imprisonment up to 10 years and with fine not exceeding Rs2 million or both. Provided that if the commission of the offence under this section involves kidnapping or any attempt thereto of the victim, the term of punishment may be extended to 14 years.”
The draft ordinance defines entertainment as including all activities in connection with inhuman sports or sexual practices or sex-related abusive practices or any other activity deemed to be sexually abusive in Pakistan.
The commission of the act of human-trafficking shall stand intact notwithstanding any implicit or explicit consent of a victim, the draft recommends.
The ordinance, sources said, had provisions to prevent trans border human smuggling resulting in forced labour or cheap labour in or outside the country.
According to the draft ordinance, “Whoever knowingly plans or executes any such plan for trafficking in humans into or out of Pakistan for the purposes of his attaining of benefits or profits, or for entertainment, slavery, forced labour or cheap labour in or out of Pakistan shall be punished with imprisonment which may extend to seven years or with fine not exceeding Rs1 million or both.”
To check the services and employment of humans trafficked into Pakistan, the draft ordinance says that whoever knowingly provides, obtains or employs labour or services of a person by coercion, fraud, force, scheme, plan or pattern intended to make such person believe that in the event of non-performance of such labour or service, he or any other person may suffer from serious harm or physical restraint or abuse of law or legal proceedings, shall be punished with imprisonment which may extend to seven years or with fine not exceeding one million rupees or both.
Unlawful conduct in respect of documents related to human trafficking, including confiscation, possession, concealment, removal or destruction of any document related to human trafficking in furtherance of any offence committed under the Ordinance or to prevent or restrict or attempt to prevent or restrict, without lawful authority, a person’s liberty to move or travel, is recommended to be punished to imprisonment which may extend to seven years and shall also be liable to fine up to half (0.5) million rupees.
The draft ordinance proposes that on the directives of a court of law, it shall be duty of the government to make necessary arrangements to provide legal assistance to the victims of trafficking and provide shelter and food for the victims if such a victim is an unaccompanied child or a destitute woman.






























