Updated: Saturday March 28, 2015/AsSabt
Jamada El Thaniah 08, 1436/Sanivara
Chaitra 07, 1937, at 06:05:51 PM
The Prevention and Control
of Human Trafficking Ordinance, 2002
ORDINANCE
WHEREAS the offences relating to traffic in human beings are incompatible with the dignity and worth of human being and endanger the welfare of the individual,
the
family and the community;
AND WHEREAS it is expedient and necessary to
provide effective
measures to prevent offences related
to human trafficking and to protect
and assist victims of such
trafficking action;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take
immediate
NOW, THEREFORE, in pursuance
of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional
Constitution Order No. 1 of
1999, read with the
Provisional Constitution (Amendment)
Order No. 9 of 1999, and in exercise of all powers enabling
him in that behalf,
the President of the Islamic Republic of Pakistan is pleased to make and promulgate
the following Ordinance:---
1.
Short title, extent and commencement.---(1) This Ordinance
may be called the Prevention and Control
of Human Trafficking Ordinance,
2002.
(2) It extends to the
whole of
(3) It
shall come into force at
once
2.
Definition.---In this Ordinance, unless
there is anything repugnant in the subject or context,---
(a)
“benefit”
includes monetary profit, proceeds
or payment in cash or in kind;
(b)
“child” means
any person who has not attained
the age of eighteen years;
(c)
“Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
(d)
“coercion” means the use of force, violence,
physical restraint, deception, fraud or acts or circumstances not necessarily including
physical force but calculated to have the same effect, such as the
credible threat of force or of infliction
of serious harm;
(e)
“document”
related to
human
trafficking includes a passport, a travel documents and any
identification document
used by law enforcement authorities;
(f)
“exploitative entertainment” means all activities in connection with human sports or sexual
practices or sex and
related abusive practices;
(g)
“Government” means the Federal Government;
(h)
“human trafficking”
means obtaining, securing, selling, purchasing, recruiting,
detaining, harbouring or receiving a person, notwithstanding his implicit or explicit
consent, by the use
of coercion,
kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes
mentioned in section 3;
(i)
“inhuman
sports” include all
sports involving, as a matter of normal course, infliction of physical
or
mental injury on a person against
his will, intention or reasonable expectation;
(j)
“organized criminal group” means a structured group of two or more persons, existing
for a period of time and acting in concert
with the aim of committing any offence under this Ordinance, in order to obtain, directly
or indirectly, any financial
or other material benefit
and includes a person knowingly
receiving or disbursing benefits accruing
from the commission of any offence
in relation to human
trafficking by an
organized criminal group; and
(k)
“victim” means the person who is the subject of or against whom any offence under this Ordinance
has been committed.
3.
Punishment
for human trafficking. ---The human
trafficking shall be punishable as under:---
(i)
Whoever knowingly plans or executes
any such plan for human trafficking into or out of Pakistan for the purpose
of attaining any benefit, or for the purpose
of exploitative entertainment, slavery
or forced labour or adoption in or out of
Pakistan shall be punishable with imprisonment which may extend to seven years
and shall also be liable
to fine:---
Provided that in case of an accused
who, in addition to committing an offence as aforesaid has also
been guilty of kidnapping or abducting or any attempt thereto in
connection with such offence,
the imprisonment may extend
to ten years with fine:
Provided further that whoever plans to commit an offence under
this clause but has not
as
yet executed the same shall be
punishable with a term of imprisonment, which
may extend to five years and shall also be liable to
fine.
(ii)
Whoever knowingly provides, obtains
or employs the labour
or services of a person by coercion,
scheme, plan or method 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 legal proceedings, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that if the commission
of the offences under this clause involves kidnapping
or abduction or any attempt thereto, the term of imprisonment may extend to ten years with fine:---
Provided further that payment of any remuneration in lieu of services or labour of the victim shall not be treated as mitigating circumstance
while awarding the punishment.
(iii)
Whoever knowingly purchases, sells, harbours, transports, provides, detains
or obtains a child or a woman through
coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects
to receive some benefit
in lieu thereof shall be punishable with imprisonment
which may extend to ten years
and shall also be liable to
fine:---
Provided that if the commission
of the offence sunder this clause involves
kidnapping or abduction
or any attempt thereto of the victim, the term of imprisonment may extend to
fourteen years with fine:---
Provided further that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under this clause.
(iv)
Whoever knowingly takes,
confiscates, possesses, conceals, removes or destroys
any document related to human trafficking in furtherance of any offence committed
under this Ordinance or to prevent or restrict
or attempt to prevent or restrict,
without lawful authority, a person’s liberty to move or travel shall be
punishable with imprisonment which may extend to seven years and
shall also be liable to fine.
4.
Offences committed by organized criminal groups. ---Where an organized criminal group is guilty of any offence
under clauses (i),(ii),(iii) or (iv) of section 3, the term of imprisonment or each member
of such group involved
in the commission of such offence shall not be less than ten years imprisonment and may extend to fourteen
years where the purpose of trafficking of
a victim is exploitative entertainment and shall also be liable to fine.
5.
Repetition of commission of offences.
--Whoever repeats
the commission of an offence under this Ordinance, the term of imprisonment may extend to fourteen years
and the off under shall also be liable to fine.
6.
Compensation etc. to the victim.
---The court trying an offence under this Ordinance may where appropriate direct:
(i)
the competent
authorities of the Government, at any stage of the trial to allow or extend the stay of the victim
in
(ii)
payment of compensation and expenses to the victim
in accordance with section 545 of the Code;
(iii)
Government to make arrangements for the shelter, food and medical
treatment of victim
being an unaccompanied
child or a destitute woman.
7.
Proceedings under the Ordinance
to be in addition
to and not in derogation of any other law.—The
proceedings under the Ordinance
shall be in addition
to and not in derogation of any other proceedings initiated under any other
law
for the time being in force.
8.
Offences to be cognizable etc.---All offences
under the Ordinance
shall be cognizable, non bailable,
and non-compoundable as construed by the
Code.
9.
Investigation. —Notwithstanding anything contained in the Code or any other law for the time being in force, the investigation of the offences under the Ordinance shall be carried
out by only such persons or agencies
as are specially empowered
by
the Government in that
behalf.
10.
Cognizance of offences etc.--- No court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Ordinance.
(2) Notwithstanding anything contained in section 32 of the Code, it shall be lawful for a Magistrate of the First
Class to pass any sentence
authorized by this Ordinance.
11.
Indemnity. —No suit, prosecution or any other legal proceedings shall lie against the Government or any other person exercising any power or performing any function under this Ordinance or the rules made thereunder for anything done in good
faith.
12.
Power to make rules. —The Government may, by a notification in official
gazette, make rules to carry out the
purposes of this Ordinance.
GENERAL PERVEZ MUSHARRAF,
President.
Mr. JUSTICE MANSOOR
AHMED,
Secretary
S.R.O.970 (1)/2004_ In exercise of powers conferred by section 12 of the Prevention and Control of Human Trafficking Ordinance, 2002, (LIX of
2002), the Federal Government
is
pleased to make the following
rules, namely:---
1. Short title and commencement – (1) These rules may be called
the Prevention and Control of
Human Trafficking Rules, 2004.
2. (2) They
shall come into
force at once.
2. Definitions.- In these Rules, unless there is anything repugnant in the subject or
context,---
(a)
“court” means the court having jurisdiction to try
the offences under the Ordinance;
(b)
“Government” means the Federal Government.
(c)
“Non-Governmental Organizations” means the Non-Governmental Organizations notified by
the Government under these rules
from time to
time;
(d)
“Ordinance” means the Prevent and Control of Human Trafficking Ordinance 2002 (LIX of 2002); and
(e)
“victim” shall have the same meaning
as defined in the Ordinance.
(2) Words and
expression used but not defined in
these rules shall have the same
meaning as in
the Ordinance.
3.
Recording statement
and custody of the victim.-
(1) A victim of an offence
under the Ordinance, shall be produced before the court for
recording his statement under section 164 of
the Code of Criminal Procedure, 1998 (V of
1998), except
where the victim is unable,
or otherwise not feasible
for any reason to
be recorded in writing, to get his
statement recorded.
(2)
In case the victim is an
un-accompanied child
or a destitute women,
the court before whom such victim
is
produced may pass an order
to keep him in a shelter
home established by the
Government or by the Non-Government Organizations for accommodation, food and medical
treatment;
Provided that where the victim is not satisfied
with the Non-Governmental Organization to which his custody was given by the court,
he may apply to the court for
alternate shelter.
(3)
The court may, for the welfare
of the victim, hand over
the custody to any of his blood
relation after requiring a bound from
the
custodian for safe
c custody of the victim and his production before the court
at
the time and
place mentioned in the bond and shall
continue to produce until
other wise directed.
4.
Establishment of shelter homes and security arrangements. – The
Government shall establish
shelter homes for safe custody of
the victims and shall also make necessary security arrangement for the protection of
the victims in the shelter homes whether established by the Government or the Non-Governmental
Organizations.
5.
Responsibilities of Non-Governmental Organizations.- (1) The Non-Governmental Organizations to which
the
victims are handed
over, shall be responsible for proper
shelter, food and medical
treatment at a notified
place which shall be open to inspection by an inspecting
officer notified by the Government.
(2) In case any Non-Governmental Organization is found involved
in maltreatment with
the
victim or fails to
fulfill its responsibilities of providing
proper shelter, food
and medical treatment, its notification
may e cancelled, after giving an
opportunity of being heard.
6.
Legal assistance to the victim.- (1) The Government shall and the Non-Governmental
Organizations may provide necessary
legal
assistance to
the victim during trial of the case
and other legal proceedings under the Ordinance.
(2) The Government shall
allocate appropriate funds
for providing legal assistance to the victims.
7.
Recording evidence
and repatriation of the victim.- (1) Where a victim
is
not a citizen of
Provided that the victim whose
presence is considered necessary by the court for the trial of the case or his immediate repatriation is not possible, shall
be entitled
to apply to the National Alien Registration
Authority for his temporary
registration as alien or for
work permit.
(2)
If the repatriation of the victim is decided,
the Government shall in
consultation with the concerned
Embassy or, as the case may be, the High Commission of the country to which the
victim belongs, make necessary arrangements for its safe return.
(3)
The Non-Governmental Organizations may provide
assistance to the
Government in the process of repatriation of the victim.
(4)
The Government shall establish special
funds for repatriation of the victim.
(4) The Government shall
establish special funds for preparation of the victim [Ministry of
Interior No.13/54/2002-FIA (
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home