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Human trafficking and transportation are grave human rights violations that exploit vulnerable individuals for forced labor, sexual exploitation, and other forms of abuse. This global issue is fueled by poverty, lack of education, political instability, and weak law enforcement, making it a lucrative criminal enterprise. Traffickers often deceive victims with false promises of employment, education, or a better life, only to subject them to inhumane conditions. The transportation of trafficked individuals occurs through both legal and illegal means, involving organized networks that operate across borders and within countries, making it difficult to detect and prevent.
The consequences of human trafficking are severe, affecting individuals, families, and entire communities. Victims often suffer physical and psychological trauma, while society bears the burden of increased crime, loss of human capital, and weakened social structures. Governments and international organizations have taken measures to combat trafficking through stricter laws, awareness campaigns, and rehabilitation programs. However, due to its hidden nature and the complicity of corrupt officials, human trafficking remains a pressing challenge. Addressing this issue requires a multi-faceted approach, including stronger law enforcement, better victim support, and global cooperation to dismantle trafficking networks. Human Trafficking and Transportation Act 2064 has been enacted to address this concern.
Human trafficking (Sec 4(1) of Human Trafficking and Transportation (Control) Act 2064)
If anyone commits any of the following acts, that shall be considered to have committed human trafficking:
- To sell or purchase a person for any purpose,
- To use someone into prostitution, with or without any benefit,
- To extract human organs except otherwise determined by law,
- To go for in prostitution.
Human Transportation (Sec 4(1) of Human Trafficking and Transportation (Control) Act 2064)
If anyone commits any of the following acts, that shall be considered to have committed human transportation:
- To take a person out of the country for buying and selling,
- To take anyone from his /her home, place of residence, or a person by any means such as enticement, inducement, misinformation, forgery, tricks, coercion, abduction, hostage, allurement, influence, threat, abuse of power and through inducement, fear, threat or coercion to the guardian or custodian and keep him/her into ones custody or take to any place within Nepal or abroad or handover him/her to somebody else for prostitution and exploitation.
Punishment
Human Trafficking
| Offense | Punishment |
|---|---|
| Selling or buying a human being, | Twenty years imprisonment and a fine of Two lakh Rupees |
| Forcing into prostitution, with or without financial benefit, | Ten years to Fifteen years imprisonment and a fine of Fifty Thousand Rupees to One lakh Rupees |
| Extracting human organs except otherwise determined by law, | Two years imprisonment and a fine of Rs Two lakh to Five lakh Rupees |
| Engaged in prostitution | One month to three months imprisonment and a fine of Two Thousand Rupees to Five Thousand Rupees |
Human Transportation
A person who is involved in the transportation of human beings for the purpose of buying, selling, and engaging someone in prostitution-
| Offense | Punishment |
|---|---|
| Taking a person out of the country. | Ten years to Fifteen years imprisonment and a fine of Fifty Thousand Rupees to One lakh Rupees |
| Taking a child out of the country. | Fifteen years to Twenty years imprisonment and a fine of One lakh Rupees to Two lakh Rupees |
| Taking a person from one place to another place within the country. | Ten years of prison and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees |
| Taking a child from one place to another place within the country. | Ten years and a fine of One lakh Rupees |
- If an offense is committed by a person holding a public post; in addition to the regular punishment for that offense, he/she shall be liable for twenty-five percent additional punishments.
- The person engaged in the provocation, conspiracy, and attempt of an offense of human trafficking or transportation or an abettor of that offense shall get half out of the full punishment envisioned for that offense.
- Punishment for obstruction: Anyone obstructing an investigation of an offense shall be fined up to Ten Thousand Rupees.
The procedure involved in the Human Trafficking and Transportation Act, 2064.
Reporting
If anyone knows that the offense is being committed or may be committed, he/she may report it to the nearest police office. If the person requests to remain unnamed, the police officer who registers the report should maintain his/her confidentiality.
Certifying the statement
If the person reporting is a victim, then the police officer should take the statement immediately and the victim shall be taken to the nearest district court to certify the statement as soon as possible.
If a police officer brings to certify a statement, the district judge shall certify the statement even if it does not fall within the jurisdiction of that district court.
The court can take the certified statement as evidence even if the victim does not appear in court in the course of further court proceedings.
Arrest and investigation
If an act considered an offense is being committed, is likely to be committed, or has been attempted in a house, land, place, or vehicle, and there is a risk that the offender may escape or that evidence may be lost or destroyed without immediate action, then the police officer of at least the rank of Sub-Inspector may document the situation and take any of the following actions at any time.
- To enter, search, or seize such house, land, place, or vehicle.
- To break or open windows or doors in order to carry out the necessary activities in case he/she faces obstruction and opposition in performing the duties,
- To arrest or take a body search of a person engaged in such activity without an arrest warrant,
- To seize and take in custody the evidence found in such house, land, place, or vehicle.
Prosecution in custody
The court shall keep the accused in custody while prosecuting cases on other offenses.
Burden of proof
A person accused of an offense under this Act shall provide evidence proving that he/she did not commit the offense.
Right to keep separate Law Practitioner
If a victim wishes to keep an additional law practitioner to represent his/her case during court hearings, he/she has the right to be represented by a separate law practitioner for an offense.
Provision of Translator and Interpreter
If the working language used by the concerned court and office in dealing with an offense under this Act is not understandable by the victim, he/she may manage for the translator or interpreter with the permission of the court.
Act related to Rescue
Nepal government shall manage the rescue of any Nepali citizen sold in the foreign land.
Rehabilitation Center
The Nepal government shall establish necessary rehabilitation centers for physical and mental treatment, social rehabilitation, and family reconciliation of the victim.
Seizure of Property
Any movable or immovable property acquired as a result of an offense. If it is proved that anyone uses or provides to use any house, land, or vehicle for any offense under this Act, that house, land, or vehicle shall be seized.
Award
If anyone is rescued or a person involved in an offense is arrested based on the reporting of an offense of human trafficking and transportation then, the informant shall be given ten percent of the fine levied as punishment as an incentive, from the Rehabilitation Fund. If there is more than one informant giving information then the incentive amount shall be distributed proportionately.
Confidentiality of the informant
The name and address of the informant and the details provided by the informant shall be kept confidential.
Exemption from penalty
If an accused charged with committing an offense under this Act accepts an offense and co-operates with the police, public prosecutor, or court to collect evidence and arrest other accused or abettor, and also if he/she has committed the offense for the first time, the court can reduce the punishment up to twenty-five percent. There shall be no reduction in claimed punishment in the following conditions:
- To provide exemption in punishment to the principal accused,
- If the case involved is the trafficking or transportation of a child,
- If exemption in the punishment has already been provided.
Claim of offense against moral turpitude
While framing a charge sheet before the court for an offense under this Act, the concerned public prosecutor may claim that the accused has committed an offense against moral turpitude.
In-camera court proceedings
Court proceedings and hearings of an offense shall be conducted in In-Camera. Only parties to the proceeding, their attorneys, or other non-parties permitted by the court may enter the court during the proceeding and hearing.
Government to be the Plaintiff
The government of Nepal shall be the plaintiff.
Human trafficking and transportation remain grave violations of human rights, exploiting vulnerable individuals through coercion, deception, and force. Despite legal frameworks such as Nepal's Human Trafficking and Transportation (Control) Act 2064, the issue persists due to organized networks, corruption, and challenges in law enforcement. The consequences of trafficking extend beyond individual victims, affecting families, communities, and national economies. Victims endure severe physical, psychological, and emotional trauma, while societies face increased crime rates and weakened social structures.
Efforts to combat human trafficking require a comprehensive approach involving strict enforcement of laws, victim rehabilitation, and international cooperation. The Act outlines significant penalties for traffickers, ensures victim protection, and establishes mechanisms for rescue and rehabilitation. However, gaps in implementation, lack of awareness, and societal stigma hinder progress. Strengthening law enforcement agencies, ensuring victim-centered policies, and increasing public awareness are crucial steps toward eradicating this crime.
A collaborative effort between governments, NGOs, and the public is essential to dismantle trafficking networks and provide justice for victims. Only through a multi-faceted strategy that prioritizes prevention, protection, and prosecution can human trafficking be effectively addressed, ensuring dignity and fundamental rights for all individuals.