Jurisprudential Analysis of the Trafficking in Persons (Prevention, Care & Rehabilitation) Bill 2021 from the Liberty and Rights Framework of Isaiah Berlin and Henry Shue

  • Suneel Kumar and Divya Khanwani
  • Show Author Details
  • Suneel Kumar

    Student at National Law School of India University India

  • Divya Khanwani

    Student at National Law School of India University India

  • img Save PDF


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.


Research Paper


International Journal of Legal Science and Innovation, Volume 4, Issue 2, Page 125 - 132

DOI: https://doij.org/10.10000/IJLSI.111426

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLSI 2021