An Analysis of the Human Trafficking and Transportation (Control) Act, 2064, By Subhash Lamichhane

Human trafficking is a severe transnational crime and a fundamental human rights violation that persists despite national and international legal frameworks. Nepal, as a source, transit, and destination country, remains highly vulnerable due to economic disparities, political instability, and porous borders. The Human Trafficking and Transportation (Control) Act, 2064 (2007) serves as the principal legal framework to combat trafficking in Nepal; however, challenges in enforcement, judicial interpretation, and victim protection continue to hinder its effectiveness. This study provides a critical analysis of the Act, its implementation, and its alignment with international legal standards. By examining judicial decisions, legislative frameworks, and policy gaps, the research evaluates the strengths and weaknesses of Nepal’s legal response. Through a qualitative and doctrinal methodology, including an assessment of Supreme Court rulings, legal provisions, and secondary sources, this study highlights key obstacles in law enforcement, victim rehabilitation, and cross-border trafficking prevention. Findings suggest that while Nepal has made legislative advancements, weak enforcement mechanisms, lack of inter-agency coordination, and socio-cultural stigmas continue to impede progress. The study recommends policy reforms, enhanced victim support mechanisms, and stronger regional cooperation to address trafficking challenges comprehensively. This research contributes to the growing discourse on human trafficking in Nepal and aims to provide actionable insights for legal and policy enhancements.