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Legislative bills

Nepal Strengthens Anti-Human Trafficking Laws

Strategic Insights

— 2 min read

The Minister of Women, Children and Senior Citizen, Nawal Kishore Sah Sudi, tabled the Human Trafficking and Transportation (Control) (First Amendment) Bill in the House of Representatives, aiming to provide a comprehensive definition of human trafficking in line with the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. The bill also includes human smuggling in the definition of human trafficking, a move that has sparked concern from rights activists. The bill defines child trafficking for the first time and proposes severe penalties, including a jail sentence of 15 to 20 years for trafficking a minor victim out of the country. The bill also establishes extra-territorial jurisdiction and stipulates that the court can order seizing of the passport or property of human trafficking accused who has been absconding.

Key Takeaways:

  • The Human Trafficking and Transportation (Control) (First Amendment) Bill aims to provide a comprehensive definition of human trafficking in line with the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons.
  • The bill includes human smuggling in the definition of human trafficking, which rights activists argue should be treated as a separate offence.
  • The bill defines child trafficking for the first time and proposes severe penalties for human trafficking, including a jail sentence of 15 to 20 years for trafficking a minor victim out of the country.
  • The bill establishes extra-territorial jurisdiction, stipulating that its provisions will also apply to any individual living outside Nepal who commits human trafficking offence against a Nepali citizen or a foreign national.
  • The bill also stipulates that the court can order seizing of the passport or property of human trafficking accused who has been absconding.
  • Executive Director of Forum for Women, Law and Development, Advocate Sabin Shrestha, has expressed concerns that the bill does not separate human smuggling from human trafficking and also vaguely recognizes Nepal's potential for being a transit country, but fails to acknowledge the country's potential to be a destination country.
  • The government has proceeded to amend the anti-human trafficking laws after UN agencies, especially CEDAW Committee and Human Rights Council, urged the government to amend anti-human trafficking laws in line with the Palermo protocol.

Statistics:

  • The proposed fine for human trafficking cases has been increased from Rs 200,000.00 to Rs 500,000.00.
  • The bill stipulates that the compensation to be awarded to human trafficking victims will not be less than half of the fine imposed on the offender.
  • The bill proposes a jail sentence of 15 to 20 years for trafficking a minor victim out of the country and a sentence of 10 to 12 years for trafficking a minor victim within Nepal.
  • The bill establishes extra-territorial jurisdiction, which will apply to any individual living outside Nepal who commits human trafficking offence against a Nepali citizen or a foreign national.

Sources:

  • The Himalayan Times, "Minister tables Human Trafficking and Transportation (Control) (First Amendment) Bill in House", July 24, 2025.
  • Forum for Women, Law and Development, quoted in The Himalayan Times, "Minister tables Human Trafficking and Transportation (Control) (First Amendment) Bill in House", July 24, 2025.

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