Jurisprudential Analysis of the Trafficking in Persons (Prevention, Care & Rehabilitation) Bill 2021 from the Liberty and Rights Framework of Isaiah Berlin and Henry Shue
Purpose: The purpose is to use the jurisprudential frameworks given by Isaiah Berlin, Henry Shue, Amartya Sen, Martha Nussbaum, and Iris Young to analyze various provisions of the anti-trafficking bill 2021 from the perspective of a sex worker who is perturbed to be the beneficiary of the legislation. Findings and Practical Implications: The paper concludes that the act restructures the new provisions on the same erroneous assumptions about what sex workers want. The bill also fails to provide for a workable capabilities approach model as conceptualized by Sen and Nussbaum. Originality, Value: This paper seeks to add a jurisprudential dimension to understanding the shortcomings of the act, especially in relation to the mandatory repatriation of victims to their origin country.
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