Human Trafficking in Nepal – Fast look at all the legal provisions 2081

This article will help you to know all about the law related to human trafficking in Nepal.

Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. Every year, millions of men, women, and children are trafficked worldwide. It can happen in any community and victims can be of any age, race, gender, or nationality. Traffickers might use violence, manipulation, or false promises of well-paying jobs or romantic relationships to lure victims into trafficking situations.

Law Related to Human Trafficking in Nepal

Elements of Human Trafficking

Physical Element

  1. The subjection of a person in illegal ways.
  2. Use of violence, trade, and coercive method.
  3. The exploitation of trafficked persons.

Mental Element

  1. Intention to trade, exploit, and misuse humans.
  2. The desire for results.
  3. Knowledge of Consequences

Also Read: Law Related to Kidnapping in Nepal

Law Related to Human Trafficking in Nepal – Legal Provisions

Section 3

of the Human Trafficking and Transportation Act, 2063 of Nepal declares Human Trafficking as a crime.

It provides that human beings should not be trafficked and transported as:

(1) No one shall commit or cause to commit human trafficking and transportation.

(2) If anyone commits an act under sub-section (1), that shall be deemed to have committed an offense under this Act.

Section 4

of the Act has defined human trafficking and transportation.

The act has been considered Human Trafficking and Transportation as follows:

If anyone commits any of the following acts that shall be deemed to have committed human trafficking:

  1. To sell or purchase a person for any purpose,
  2. To use someone into prostitution, with or without any benefit,
  3. To extract human organs except otherwise determined by law,
  4. To go for prostitution.

If anyone commits any of the following acts that shall be deemed to have committed human transportation:

  1.  To take a person out of the country for the purpose of buying and selling,
  2. To take anyone from his/her home, place of residence, or from a person by any means such as enticement, inducement, misinformation, forgery, tricks, coercion, abduction, hostage, allurement, influence, threat, abuse of power, and by means of inducement, fear, threat or coercion to the guardian or custodian and keep him/her into one’s custody or take to any place within Nepal or abroad or handover him/her to somebody else for the purpose of prostitution and exploitation.

Out of three Supplementary Protocols of the UN Convention Against Transnational Organized Crime, 2000, one is Protocol to prevent, suppress and punish trafficking in persons, especially women and children.

Three purposes of the Protocol are: –

  • To prevent and combat trafficking in persons, paying particular attention to women and children,
  • To protect and assist victims of trafficking, with full respect for their human rights
  • To promote cooperation among states to meet these objectives
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