TRAFFICKING IN PERSONS

Provisions Relating to Offences and Investigation
Level of compliance in relation to defining acts of trafficking by the court and law enforcement
bodies as per the Act/Regulation can be said to be low-to-moderate (Box 6.2). The Act has
broadened the definition of trafficking detailing out the means and purpose of trafficking and
transportation. It includes both internal, external trafficking and also different purposes such as
sexual exploitation, labor exploitation and illegal organ extraction. It has been found that cases of
illegal organ extraction have been registered under the HTTCA 2007 in Kathmandu and Kavre district
courts with the support of different NGOs. As presented in case 1, on 1 st June, 2013 the Kathmandu
District Court gave a verdict that the culprits of kidney trafficking should be imprisoned for 10 years
and fined Rs. 200,000 each and compensate the survivor with Rs. 200,000 as per HTTCA 2007. In
another case, Kathmandu District Court registered the case of forcing someone into prostitution as
an act of trafficking crime (Case 6.2).
FWLD (2014) also reported that FIRs were filed by five survivors of illegal kidney extraction: in Kavre
on 9th and 10th April, 2013, and the metropolitan police circle in Kathmandu on 13th May, 2013.
Through these FIRs, an investigation of kidney trafficking rackets in Kathmandu was carried out, and
a total of 10 people were arrested.
Despite these achievements, studies suggest that there is an overlap in the definition of human
trafficking between the HTTCA 2007 and the FEA 2007, and the conflation of TIP with prostitution
means that many cases that do not involve prostitution but could fit the legal definition of trafficking
are prosecuted under the FEA 2007. Therefore, both Acts need to be reviewied simultaniously to
include the trafficking cases in the process of foreign labor migration. Further, In the analysis of the
120 Supeme Court Judgments, NJA (2013) found that cases of trafficking of children for circus
performance in India were registered under the Human Trafficking (Control) Act 1986. However, as
the Act does not define act of transporting a child into forced labor such as circus performance as act
of trafficking, the cases of such claims are not liable to be convicted.
Case 6.1 Kidney Traffickers Convicted for the First Time
The survivor was a female (around 30 years at the time of victim) of a village of Kathmandu district.
Her husband lost his leg while he was in foreign employment and the family was in misery condition.
The victim initiated a small hotel by taking a loan of Rs. 200,000 but her business did not do well.
When she was going through all these misery, perpetrators Binod and Krishna lured her to sell her
kidney for which she could get Rs. 200,000. The perpetrators falsely made her believe that selling of
a kidney will not have any physical complication. On October 2012, the perpetrators took her to a
clinic for blood test and medical examination. On 8 December 2012, the perpetrators took her to
Delhi via Nepalgunj and on 25 January 2013, she was taken to Singhaniya Hospital in Delhi where her
kidney was removed.
The victim returned to Kathmandu on 9th February 2013. In May 2013, the survivor came in contact
with PPR Nepal – an NGO and with the support of PPR Nepal, the victim filed FIR in Metropolitan
Police Range, Kathmandu. The Police arrested both perpetrators and prosecuted in Kathmandu
District Court. The PPR Nepal continually provided the legal support during the court proceeding.
Source: PPR Nepal, 2015.
Case 6.2 Registration of case of forcing a female child into prostitution as trafficking crime
A 14 years old girl from Kavre district used to live with her aunt in Kathmandu. While going to buy
something, she used to meet Mr. Bishnu (the perpetrator) in a shop near to her a rented room. They
became close within a short period and one day Mr. Bishnu took the survivor to his rented room. He
promised her handsome money if she does as he says. She was taken to a rented room. According to
the survivor, there were many other girls who were forced into prostitution. When the victim said
that she did not want to be in the prostitution, the perpetrator threatened her.
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