::Human Trafficking……. Laws in Pakistan

The legislation specifically relating to trafficking came about in 2002. While there are many gaps in the law, including the most obvious one which does not include internal trafficking, trafficking for purposes of prostitution is included in the PPC.

Provisions of Law:

Pakistan Penal Code

366-A. Procuration of minor girl:

Whoever by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

366-B. Importation of girl from foreign country:

Whoever imports into Pakistan from any country outside Pakistan any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

371-A. Selling person for purposes of prostitution, etc.:

Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person shall at any time be employed or used for any such, purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.

Explanations:

  • When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
  • For the purposes of this section and section 371-B, “illicit intercourse” means sexual intercourse between persons not united by marriage.

371-B. Buying person for purposes of prostitution, etc
.:

Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.

Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

Prevention and Control of Human Trafficking Ordinance, 2002

2. Definition:

In this Ordinance, unless there is anything repugnant in the subject or context:

(b) “child” means any person who has not attained the age of eighteen years

(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

(f) “exploitative entertainment” means all activities in connection with human sports or sexual practices or sex and related abusive practices

(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.

3. Punishment for human trafficking:

The human trafficking shall be punishable as under:

  • 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.
  • 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.
  • 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.
  • 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.

Foreigners Act of 1946 and Foreigners Order of 1951

3. Powers to make orders:

  • The Federal Government may by orders make provision either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Pakistan, or their departure therefrom or their presence or continued stay therein.
  • In particular and without prejudice to be generality of the foregoing power, order made under this section may provide that the foreigner:

(a) shall not enter Pakistan or shall enter Pakistan only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed;

(b) shall not depart from Pakistan or shall depart only at such times and by such route from such port or place and subject to the observance of such conditions on departure as may be prescribed;

(c) shall not remain in Pakistan, or in any prescribed area therein;

(d) shall remove himself to, and remain in, such area in Pakistan as may be prescribed;

(e) shall comply with such conditions as may be prescribed or specified:

  1. requiring him to reside in a particular place;
  2. imposing any restrictions on his movements;
  3. requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified
  4. requiring him to allow his photograph and finger-impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified;
  5. requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified;
  6. prohibiting him from association with persons of a prescribed or specified description;
  7. prohibiting him from engaging in activities of a prescribed or specified description;
  8. prohibiting him from using or possessing prescribed or specified articles;
  9. otherwise regulating his conduct in any such particular as may be prescribed or specified

(f) shall enter into a bond with or without sureties for the due observance of or as an alternative to the enforcement of any or all prescribed or specified restrictions or conditions;

(g) shall be arrested and, in the interest of the security of Pakistan, detained or confined, provided that a person shall not be detained for a period longer than two months without the authority of a Board consisting of a Judge of the Supreme Court who shall be nominated by the Chief Justice of the Court and another senior officer in the service of Pakistan, who shall be nominated by the President.

  • An order made under sub-section (2) may make provision for such incidental and supplementary matters as may in the opinion of the Federal Government be expedient or necessary for giving effect to the provisions of this Act.
  • The Provisions of sub-section (2) of section 6 of the Security of Pakistan Act, 1952 (XXXV of 1952) and those of section 6-A of that Act, shall mutatis mutandis, apply in relation to a person detained under this Act as they apply in relation to a person detained under that Act.

13. Attempts, etc. to contravene the provisions of this Act, etc.:

  1. Any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of the provision of this Act or any order made or direction given thereunder, or fails to comply with any direction given in the pursuance of any such order, shall be deemed to have contravened the provisions of this Act.
  2. Any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this Act or any order made or direction given thereunder gives that other person any assistance with intent thereby to prevent, hinder or otherwise interfere, with his arrest, trial or punishment for the said contravention, shall be deemed to have abetted that contravention.
  3. The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any foreigner enters or leaves Pakistan in contravention of any order made under, or direction given in pursuance of, section 3 shall, unless he proves that he exercised all due diligence to prevent the said contravention, be deemed to have contravened this Act.

13-A. Prohibition of assisting illegal entry:

No one shall make or carry out arrangements for securing or facilitating the entry into Pakistan of any one whom he knows or has reasonable cause for believing to be an illegal entrant.

13-B. Prohibition to employ an illegal entrant:

No one shall knowingly employ or provide employment to a person who has no permission to stay in Pakistan.

14. Penalties:

  1. Where any person contravenes any provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or order, he shall, except as otherwise provided herein, be punished with imprisonment for a term which may extend to three years and shall also be liable to fine, and if such person has entered into a bond in pursuance of clause (f) of sub-section (2) of section 3, his bond shall liable to be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court as to why such penalty should not be paid.
  2. Where any person knowingly enters into Pakistan illegally, he shall be guilty of an offence under this Act and shall be punished with imprisonment for a term which may extend to ten years and fine which may extend to ten thousand rupees.

14-A. Restriction release on bail:

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as Code, any accused of an offence punishable under sub-section (2) of section 14 shall not be released on bail if there appear reasonable grounds for believing that he has been guilty of such offence.

14-B. Deportation pending trial or undergoing sentence of imprisonment:

Notwithstanding anything contained in this Act, the Code or any other law for the time being in force, a foreigner having no permission to stay in Pakistan or for whose deportation arrangements have been made by the Federal Government may, if his presence in Pakistan is not required in connection with any other case:

  • with the consent of the Federal Government, be permitted by the Court trying him for any offence under this Act to depart from Pakistan; or
  • under the order of the Federal Government, be permitted to depart from Pakistan while he is undergoing any sentence passed under this Act.

14-C. Custody pending deportation:

A foreigner having no permission to stay in Pakistan, who has been convicted and sentenced to imprisonment under this Act shall not be released on the expiry of the sentence and shall continue to remain in custody for a period not exceeding three months to enable arrangements for his deportation to be finalized.

14-D. Registration of illegal immigrants:

  1. The Federal Government may, by order, establish an Authority to be knows as the Aliens Registration Authority, hereinafter referred to as the Authority.
  2. Any foreigner in Pakistan who immediately before the commencement of the Foreigners (Amendment) Ordinance, 2000, has no permission to stay in Pakistan shall get himself registered with the Authority.
  3. The Authority may permit a foreigner registered with it to work in Pakistan at such place and for such period as the Federal Government may, from time to time prescribe.
  4. The Federal Government may, by order, confer on the Authority such other functions in relation to foreigners in relation to foreigners as it may deem appropriate.

15. Protection to the persons acting under this Act:

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

 

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