PARLIAMENT OF INDIA
RAJYA SABHA
|
182 |
DEPARTMENT-RELATED PARLIAMENTARY STANDING
COMMITTEE
ON HUMAN RESOURCE DEVELOPMENT
HUNDRED EIGHTY-SECOND REPORT
ON
THE IMMORAL TRAFFIC
(PREVENTION)
AMENDMENT BILL, 2006
(PRESENTED TO THE RAJYA
SABHA ON
(LAID ON THE TABLE OF LOK
SABHA ON
RAJYA SABHA SECRETARIAT
NEW DELHI
NOVEMBER,
2006/ AGRAHAYANA, 1928 (SAKA)
PARLIAMENT OF
RAJYA SABHA
DEPARTMENT-RELATED PARLIAMENTARY STANDING
COMMITTEE ON HUMAN RESOURCE DEVELOPMENT
HUNDRED EIGHTY-SECOND REPORT
ON
THE IMMORAL TRAFFIC
(PREVENTION)
AMENDMENT BILL, 2006
(PRESENTED TO THE RAJYA
SABHA ON
(LAID ON THE TABLE OF LOK
SABHA ON
RAJYA SABHA SECRETARIAT
NEW DELHI
NOVEMBER, 2006/ AGRAHAYANA,
1928 (SAKA)
C O N T E N T S
PAGES
1. COMPOSITION OF THE COMMITTEE
2. INTRODUCTION
3. REPORT
4. OBSERVATIONS /RECOMMENDATIONS AT A GLANCE
5.
MINUTES
6.
*ANNEXURES
_________________________________________________________________________
COMPOSITION
OF THE COMMITTEE
(2006-07)
- Shri Janardan Dwivedi ¾ Chairman
MEMBERS
RAJYA SABHA
- Shri Dwijendra Nath
Sharmah
- Shri Shantaram Laxman
Naik
- Shri Vijay Kumar Rupani
- Shri Laxminarayan Sharma
- Shri Uday Pratap Singh
- Smt. Brinda Karat
8.
Shri S. Anbalagan
- Prof. Ram Deo Bhandary
- Shri Ali Anwar
LOK SABHA
- Shri Ashok Argal
- Shri Basudeb Barman
- Shri Harishchandra
Chavan
- Shri Harisinh Chavda
- Smt. Paramjit Kaur
Gulshan
- Shri R. L. Jalappa
- Shri Ramswaroop Koli
- Shri G.V. Harsha Kumar
- Shri Manjunath Kunnur
- Smt. Nivedita
Sambhajirao Mane
- Smt. Archana Nayak
- Smt. M.S.K. Bhavani
Rajenthiran
- Prof. Rasa Singh Rawat
- Shri M. Raja Mohan
Reddy
- Shri Ganesh Prasad
Singh
- Shri Chengara Surendran
- Dr. Thokchom Meinya
- Shri K. Virupakshappa
- Dr. Kunwar Devendra
Singh Yadav
- Vacant
- Vacant
COMPOSITION OF THE COMMITTEE
(2005-06)
- @Shri Janardan Dwivedi ¾ Chairman
MEMBERS
RAJYA SABHA
- Shri Dwijendra Nath Sharmah
- *Shri Shantaram Laxman Naik
- @@Shri Ravi Shankar Prasad
- **Shrimati Chandra Kala Pandey
- ^ Shrimati Brinda Karat
7. Shri S. Anbalagan
- Shri Uday Pratap Singh
- ^^Shri M.P. Abdussamad Samadani
- Prof. Ram Deo Bhandary
- ^^Shri Anil Dhirubhai Ambani
- ***Shri Vijay Kumar
Rupani
- ***Shri Ali Anwar
LOK SABHA
- Shri Basudeb Barman
- Shri Hari Sinh Chavda
- Shri G.V. Harsha Kumar
- Shri R. L. Jalappa
- Shri Ramswarup Koli
- Shri Manjunath Kunnur
- $Shri Y.G. Mahajan
- $Shri Manoj Kumar
- %Shri Babu Lal Marandi
- Dr. Thokchom Meinya
24. Shri Krishna Murari Moghe
- Mohd. Mukim
- Shri Tukaram Ganpatrao Rengepatil
- Prof. Rasa Singh Rawat
- Shri M. Rajamohan Reddy
- Shri Tufani Saroj
- Smt. P. Satheedevi
- Shri A.R. Shaheen
- Smt. Jyotirmoyee Sikdar
- Shri K. Virupaxappa
- Shri Devendra Singh Yadav
- %%Shri Ganesh Prasad
Singh
@appointed as Chairman w.e.f. 24.3.2006 on the
vacancy caused due to the relinquishment of Chairmanship by Shri Vayalar Ravi w.e.f
29.1.2006 consequent on his induction into the Union Cabinet.
*nominated w.e.f .23.8.2005.
@@
Ceased to be a member of the Committee on expiry of his term in Rajya Sabha w.e.f
2.4.2006
**
Ceased to be a member of the Committee on expiry of her term in Rajya Sabha w.e.f.18.8.2005
^nominated
w.e.f. 25.9.2005.
^^
Ceased to be member w.e.f.
***nominated
w.e.f. 6.6.2006.
$
Ceased to be member w.e.f.
%
Ceased to be member w.e.f.
%%nominated
w.e.f
^^ Ceased to be a member of the Committee on expiry of his term in Rajya Sabha w.e.f 1.7.2006.
SECRETARIAT
Smt, Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri J. Sundriyal, Under
Secretary
Shri Swarabji B., Committee Officer
INTRODUCTION
1. I, the Chairman of the Department-related Parliamentary Standing Committee on Human Resource Development, having been authorized by the Committee, present this Hundred Eighty-Second Report of the Committee on ‘The Immoral Traffic (Prevention) Amendment Bill, 2006’*.
2.
In pursuance of Rule 270 relating to the
Department-related Parliamentary Standing Committees, the Chairman, Rajya Sabha
in consultation with the Speaker, Lok Sabha has referred** ‘The Immoral Traffic
(Prevention) Amendment Bill, 2006' (Annexure-1) as introduced in the Lok Sabha
on the 22nd May 2006 and pending therein, to the Committee on the 2nd
June, 2006 for examination and report within three months.
3. The Committee considered the Bill in seven sittings held on 13th June, 18th September, 27th September, 9th October, 10th October, 18th October and 2nd November, 2006.
4.
At its meeting held on
------------------------------------------------------------------------------------------------------------
*Published in Gazette of
India, Extraordinary Part II Section 2, dated
**Rajya Sabha Parliamentary
Bulletin Part II, No. 42211dated
5.
The Committee could not conclude the deliberation on
the Bill and submit its report within the stipulated period of three months as
it remained pre-occupied with the examination of other Bills. The monsoon session began on
6.
On
7.
The views of the Secretary, Department of Women and
Child Development was heard on
8. The Committee in its sitting held on the 2nd November 2006, took up ‘clause-by-clause consideration’ of the Bill and considered and adopted the draft report with amendments in Clause 2 sub-clause (iii), Clause 6, Clause 9, Clause 10 sub-clause (ii), Clause 11, Clause 12 and Clause 16 of the Bill. Besides the Committee made some general recommendations.
9. The Committee has relied on the following in finalizing the Report:
(i) Background Note on the Bill ;
(ii) The Immoral Trafficking(Prevention) Act, 1956 as amended;
(iii) Objects and Reasons of the 1956 Act, 1978 Amendment Act and 1986 Amendment Act;
(iv) Prevention of Money Laundering Act 2002;
(v) Memoranda received on the Bill from various individuals, organizations etc;
(vi) Replies on the questionnaire received from the Ministry;
(vii) Oral evidence on the Bill;
(viii) Statement showing the views received from the NGOs/Individuals on the Bill vis-a-vis the amendments proposed.
(ix) Verbatim record of the Oral evidence taken on the Bill; and
(x) Presentation and clarification by Secretary of the Department of Women and Child Development and Ministry of Health and Family Welfare
10. On behalf of the Committee, I would like
to thank the officials of the Ministry of Women and Child Development for
providing necessary inputs and clarifications on the provisions of the Bill. I would like to acknowledge with
thanks the experts/ NGOs who deposed before the Committee and submitted their
valuable suggestions on the subject matter of the Bill.
11. For facility of reference, observations and recommendations of the Committee have been provided in bold letters in the body of the report.
NEW DELHI JANARDAN DWIVEDI
Standing Committee on
Human
Resource Development
REPORT
The Immoral Traffic (Prevention) Act,
1956 (ITPA) was initially enacted as 'Suppression of Immoral Traffic in Women
and Girls Act, 1956 (SITA). This Act was amended twice, first in 1978 to make
good some inadequacies noticed in the implementation of the Act. The amendments made in 1986 were more
comprehensive that widened the scope of the Act by covering all persons,
whether male or female, who are exploited sexually for commercial
purposes.
2. The Committee was informed that even
after amendments, the ITPA failed to achieve its objectives as it was found
wanting on several counts. Representations were being received from State
Governments, voluntary organizations and others working with the victims of
trafficking for amending the ITPA suitably with a view to doing away with
certain provisions of the Act that hampered its implementation. Secondly, the changing times, needs and the
changing perception also necessitated modifications in the existing
legislation. Proposed amendments in ITPA
1956 accordingly, are to widen its scope, focus mainly on the traffickers, treating
women as victims and not as culprit and to make its implementation more
effective as well as to provide more stringent punishment to the traffickers
and also to the persons availing services of trafficked victims.
3. The
Committee was informed that the present legislation had been discussed quite
extensively and consultations were made at all conceivable levels. At the first stage, a Cabinet Note for
amendment of ITPA, 1956 was circulated to the concerned Central Ministries/
Departments and all States/ UTs.
Thereafter, the National Commission for Women also conducted state-wise
consultations involving lawyers, members of the Judiciary, Police, Social
Workers etc. Review of the
recommendations of the National Commission for Women took place in inter-departmental
meetings in which the National Human Rights Commission was also involved. Consultation process continued even after the
Cabinet had approved these amendments to ITPA, 1956. Minister of State (WCD) met the sex workers associations from
4. While
tracing the history of ITPA, the Committee finds that prior to 1956, there was
no Central Act exclusively for prostitution.
It was dealt with in accordance with State laws. The United Nations International Convention
for the Suppression of Traffic in Persons and of the Exploitation of the
Prostitution of others, 1949 formed the basis of the first comprehensive piece
of legislation- the Suppression of Immoral Traffic Act, 1956. The law reflected the level of social
consciousness and circumstances of that
time. However, with the passage of time,
the Indian Society started evolving in
accordance with the changing times. This was reflected in the extensive
amendments carried out in 1986 with prevention instead of suppression of
immoral traffic forming the genesis of the Act.
The two decades later, the 1986 amendments have thrown up varied and
complex issues in the context of trafficking which need to be tackled
effectively. Commercial sexual
exploitation today is not purely brothel
based; it is spreading everywhere – residential areas, hotels, clubs, etc. With the advancement of newer technologies
and changing global scenario, sex trade has emerged in diverse forms. Menace of HIV/AIDS and increasing number of
young girls/children being trafficked for sex in trade, cross-border
trafficking, etc. are some of the compelling issues that have necessitated the
amendment to ITPA.
5. The
Committee appreciating the gravity of the existing situation in this regard
took up the consideration of the Bill quite seriously. It knew that the issue would be having direct
and indirect effect on our society specially on our youth and children--
future of the country. The Committee, therefore, in spite of
extensive consultations already undertaken by the Ministry, decided to get
views/suggestions from all concerned through a public notice published in the
newspapers. Overwhelming response was received by the Committee from across the
country. In all 62 memoranda reached the
Committee.
6. The
Committee, thereafter, held extensive discussions with all the stake-holders
that included voluntary organizations, social workers, womens' organizations,
legal persons, researchers and the experts working in the field. The Committee
also heard sex workers from
7. The Committee at its meeting held on
8. Besides that, one issue which constantly
came up before the Committee during its deliberations was the lack of rehabilitation measures for the victims of sexual
exploitation. A need for having an
effective mechanism accessible at all levels for serving the specific needs of
this vulnerable section of the society was also emphasized before the
Committee. Another area which drew the
attention of the Committee was inherent deficiencies in some sections of ITPA
including unsatisfactory implementation not covered by the proposed
legislation.
9. The Committee is of the firm view that
confining its Report only on the proposed amendments will perhaps not serve the
purpose. Keeping in view the
sensitiveness of the subject, task of the Committee would hardly be complete if
these issues were also not commented upon.
Accordingly, some general issues inextricably linked with the problem
have also found place in the Report.
10 CLAUSE 2 SUB CLAUSE (iii)
Modification of definition of prostitution under Section 2(f) of the
Principal Act.
10.1 ‘Prostitution’ is defined as ‘sexual
exploitation’ or abuse of persons for commercial purposes under Section 2(f) of
the Act. The Committee was informed that the addition of the words "or for
consideration of money or in any other kind" expands the definition of
prostitution to cover all sexual transactions between a sex worker and client
irrespective of involvement of exploitation by third parties. The word
"consideration" in legal parlance means not just money, but it can be
of any other kind. The law will now include, it was argued, all acts of
prostitution where sex is offered in return for money or other supplies, which were
hitherto excluded from the ambit of the ITPA.
10.2 It was brought to the notice of the Committee
that the proposed definition under Section 2(f) brings within its ambit all
contracts for sex, including individual instances that are neither organized for
profit nor exploitative in nature. It was, therefore, argued that such a move
will cause confusion in implementation of and contradiction in the
interpretation of the Act as it becomes unclear whether the ITPA targets
situations of commercial sexual exploitation or sex work which may be
consensual in nature. Apprehensions were
made that the resultant ambiguity will be taken advantage of by the accused in
their favour.
10.3 The Committee feels that present definition is too
wide particularly due to addition of the words "any other kind". The Committee, therefore, recommends that the proposed
definition of ‘prostitution’ in section 2(f) needs a re-look, keeping in mind
the purpose and intent of legislation and redrafted to avoid any ambiguity.
11 CLAUSE
6
11.1 Clause 6
proposes to insert new sections, section 5A, 5B and 5C. Need for inclusion of
these sections was felt as the Principal Act did not cover trafficking which
has become an organized crime over the years.
Every year increasing number of girls are trafficked from various places
for commercial sexual exploitation. The
Committee held extensive deliberations with all concerned on these provisions
sought to be inserted, the resultant
situation emerging and its impact
on the various stake-holders. Very strong reservations were expressed, varying
from scrapping of the new additions to suggestions for making extensive
modifications therein.
Insertion of new Section 5A to define trafficking in
persons
11.2 The Ministry clarified that the proposed
definition of ‘trafficking in persons’ has been adopted from the UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons especially Women and
Children, which India is a signatory to.
Insertion of section 5A would help the law enforcement agency and courts
to look at trafficking and prostitution differently and protect the victims of
trafficking. In the absence of such a provision both traffickers and
perpetrators at present go scot free.
11.3 It was pointed out by some witnesses that while
the UN Protocol covers trafficking for situations other than prostitution,
proposed Section 5A is restricted to trafficking for prostitution only. Trafficking in persons for other
purposes such as domestic labour, bonded labour, begging, camel jockeying,
organ trade, etc. do not fall under the purview of the Bill. While there are a number of laws that
penalise certain offences such as slavery, unlawful compulsory labour, and
begging, they do not cover every situation where trafficked victims can be exploited.
11.4 As regards including trafficking in areas
other than for sexual purposes, in the Bill, the Committee while agreeing with
the argument in principle, wishes to emphasize that, it might not be possible
to do so in this amending Bill. The
Committee, however, feels that there is a strong case for bringing separate
legislation(s) to cover other forms of trafficking in persons other than for
prostitution. The Committee has been given to understand that the Ministry is
in the process of preparing an Omnibus Bill on Offences against the child,
which will cover trafficking of all kinds. The committee recommends that this
Bill should be brought before Parliament at the earliest.
11.5 Committee’s attention was drawn to another
aspect noticed in Section 5A. While threat, use of force, coercion, abduction,
fraud, deception in sub-clause (a) have clear legal meaning, the term `abuse of
power or position of vulnerability' in sub-clause (b) is ambiguous and may
result in categorizing all recruitment into sex as trafficking. It was pointed out that a significant number
of persons enter sex work for economic reasons and are not recruited against
their will through force, deception, etc.
It is feared that such persons may be understood as being in a
"position of vulnerability" and consequently, their entry in sex work
will be construed as trafficking.
11.6 Apprehensions were raised by some witnesses
about Explanation to Section 5A also. It was put forth to the Committee that
the Explanation contains a reverse presumption of guilt and thus violates the
fundamental right of the accused to be presumed innocent until proven guilty.
On a query made in this regard, it was clarified by the Ministry that such
persons will have recourse to due process of law and conviction can only happen
after due judicial processes including examination of evidence are made.
11.7 The committee notes that section 5 of the
principal Act and proposed Section 5A appeared to be addressing the same issue.
On being asked about retaining Section 5 of the principal Act the Ministry
clarified that section 5 of the principal Act relates to procuring, inducing or
taking persons for the sake of prostitution whereas Section 5A seeks to define trafficking in the
context of prostitution . The
Committee is inclined to agree with the contention of the Ministry that Section
5A looks at trafficking in a much broader perspective when compared with
Section 5.
11.8 The Committee’s attention was drawn to the
prevalence of caste and religion based prostitution in some parts of the
country even now. Traffickers were clandestinely using this route to traffic
the girls into prostitution. Existing
practice in some communities and system of Devdasi were brought
to the notice of the Committee in this regard.
Such cases, it was argued are not covered under this sub-section. The
Committee, therefore, recommends that while redrafting the definition of
trafficking, the words "inducement of religious and social nature"
may also be included appropriately in Section 5A to prevent cases of
trafficking driven by religious beliefs and other social practices.
12 SECTION 5 B
PUNISHMENT FOR TRAFFICKING IN PERSONS
12.1 Section
5B provides for punishment for trafficking in persons. The punishment in Section 5B for trafficking
in persons for the purposes of prostitution is rigorous imprisonment for not
less than 7 years for first offence.
The Committee feels that this should be enhanced to no less than 10
years for child trafficking as the child traffickers deserve the maximum
punishment. The Committee,
therefore, recommends that Section 5B (1) should accordingly be amended to read
as under:
Any person who commits trafficking in person shall be
punishable on first conviction with rigorous imprisonment for a term which
shall not be less than 7 years for trafficking in adults and not less than 10
years for trafficking in children and in the event of a second or a subsequent
conviction with imprisonment for life.
13 SECTION
5C
PUNISHMENT FOR VISITING BROTHEL
13.1 Section 5C
evoked mixed reaction from the witnesses who appeared before the Committee.
Section 5C provides for punishment to any person who visits or is found in a
brothel for the purpose of sexual exploitation of any victim of trafficking in
person i.e. clients who seek sexual services of a trafficked
victim. Some witnesses welcomed it on
the ground that criminalizing demand would discourage the supply which would
limit prostitution as commercial activity.
13.2 The Ministry
has also emphasized that most of the trafficked victims now-a-days are young
girls and children. Therefore, there is
no doubt that the client is committing a heinous crime. Committee also does not dispute this fact.
13.3 Strongest objections were raised by the
sex-workers, supported by some NGOs mainly on the plea that introduction of
Section 5C tends to threaten their very livelihood and to nullify the efforts
to prevent HIV/AIDS. The Committee was
apprised about the hardships being faced by the sex-workers under the existing
conditions, which were likely to be aggravated with the induction of this
section. Initiatives taken by some
sex-worker organizations in the successful implementation of state-run AIDS
Control Programmes were also placed before the Committee. It was advocated that all these efforts were
likely to be nullified under the proposed legislation.
13.4 Experience of
13.5 On a specific query about the impact of
section 5C on HIV/AIDS prevention programme, it was clarified by the Ministry
of women & Child Development that currently the red-light area/ brothel
based prostitution accounts for 10 to 20 per cent of the total prostitution in
the country. There is a sharp increase in other forms of prostitution (in addition to brothel based prostitution) which
has dispersed to different areas and other places. Therefore, the argument that
HIV/ AIDS programme suffering because of penalizing visiting clients was not
correct. Also, there was no empirical evidence that brothel based sex workers
are able to ensure safe sex practices as customer preferences dominate.
13.6 In the proposed scheme of things, any person
visiting or found in a brothel can be penalized, if the purpose of the visit is
sexual exploitation of a victim of trafficking.
It was argued before the
Committee that it would be difficult for a person visiting a brothel to
distinguish between a ‘trafficked person’ and a ‘non-trafficked person’. Does
it imply that if the victim is not trafficked, the client would not be
penalised? This ambiguity, the
Committee notes, is further confounded, as the term "sexual
exploitation" has not been defined in the Bill. The words" for the
purpose of sexual exploitation of any victim of trafficking" would allow
the enforcement agencies to determine "victims of trafficking" and
the intention of the visitor to 'sexually exploit' at the time of arresting. It would also lead to harassment of every person
who visits a brothel irrespective of the object of his visit.
13.7 For the Police, the act of visiting a brothel
is sufficient grounds for arrest, as the Section does not require the offender
to have sex with the trafficked victim.
How will the police determine that the person who visits or is found in
a brothel is there for sexual exploitation of any victim of trafficking in
person? Any person present in a brothel
irrespective of the object of the visit may be intercepted and arrested. Increased powers in the hands of the police
will give them a handle to harass and extract money not only from sex workers
but even from clients. The Committee apprehends that such ambiguous language
in the provision may lead to indiscriminate arrests and harassment of any
person found in a brothel.
13.8 It was further pointed out that although sex
work or prostitution is not illegal under the ITPA, but the way it is bound to
be implemented it appears, as if all acts of sex work or prostitution would be
treated as sexual exploitation. Hence,
it is likely that the term ‘sexual exploitation’ in Section 5C may be
interpreted to include all transactional sex.
As a result, every client visiting a brothel will incur penalties under
section 5C even though he lacks knowledge (of the presence of a trafficked
person) and intention (to have sex with a trafficked person), the two essential
ingredients of crime. Although the
proposed Bill does not intend to punish consensual sex with non-trafficked sex
workers, that is what is likely to happen, it was contented.
13.9
In this connection it was stated before the Committee that a brothel as defined in Section 2 (a) not only
means premises where persons are coerced into sex work but also includes sites
operated by two or more adults, consenting sex workers for transactional
sex. Thus, clients visiting residential
premises of sex worker(s) may also be hit by section 5C.
13.10 The Committee was further informed that
undefined terms and vague language under Section 5C will pose serious problems
in its implementation. It is not clear
how the prosecution will prove that an offence was committed under Section 5C;
Sex workers will rarely testify against customers. While public witnesses may corroborate the
presence of the accused in a brothel, that itself does not establish that the
accused intended to sexually exploit a trafficked victim. In its present form, Section 5C may become
unenforceable and may also prove to be a tool to harass people seen in and
around brothels.
13.11 The Committee finds that even the Ministry
has admitted that it is very unlikely that a distinction can be made between a
trafficked person and a person who is there voluntarily, as victims do not
confess to be trafficked, being constantly under blackmail, threat and
intimidation. The Committee is of the view that it is a cardinal
principle of criminal law that what constitutes an offence must be clear, not
vague. The Committee, therefore, recommends that section 5C needs to be
revisited for removing all the ambiguities and addressing the concerns
expressed in respect thereto. It would be better if the terms "trafficked
victim" and "commercial sexual exploitation" are defined
precisely in the Bill itself.
13.12 The Committee is inclined to agree with the
contention of the Ministry that apprehensions of all concerned about the
adverse impact of proposed Section 5C on HIV/AIDS control programme do not seem
to be fully correct. The Committee would
however, like to point out that interventions for prevention of HIV/AIDS should
be mainstreamed to target the sex workers who are not brothel based and not
only restricted to brothels as then the majority of sex workers will be left
out of the ambit of these interventions.
14 CLAUSE 9
Deletion of Section 8
14.1 Clause 9 deletes Section 8 of the principal
Act which deals with seducing or soliciting for purposes of prostitution. The Committee was informed that the presence
of Section 8 in the Act punishing solicitation as such has been routinely
misused by the police and the maximum number of arrests under the Act are said
to have been made under this Section.
This has resulted in harassment and punishment of sex-workers instead of
conviction of perpetrators of the crime, traffickers, pimps. The Ministry, however, failed to furnish any
details about the number of persons booked under this section as the same was
maintained by the State Police and data at national level was not available.
14.2 Deletion of Section 8 was welcomed by almost
all the witnesses appearing before the Committee. However, it was pointed out
by some witnesses that deletion of Section 8 and retaining Section 7 would work
at cross-purposes; how can soliciting be stopped, if it is done in front of
schools and colleges? It might give a
free-zone to traffickers and brokers to push persons in prostitution. Another argument put before the Committee was
that the removal of Section 8, that made soliciting illegal, would amount to
making it legal. They, therefore, argued
that persons like pimps, procurers and perpetrators should be included in this
Section rather than the girls/women.
14.3 The Committee notes that reservations on
deletion of Section 8 have also been raised by few states like
“26.5.2 Misuse of Section 8 ITPA
The research has brought out several distortions in
law enforcement. On the one hand, there is non-utilisation of sections of ITPA
against traffickers and exploiters, and on the other hand, there is grave
misuse of Section 8 ITPA wherein victims are arrested, prosecuted and even
convicted on the charge of soliciting......... A person who is made to solicit
under coercion, duress, threat etc. cannot be charged
with the offence of soliciting............. A victim
of trafficking should not be arrested at all. This calls for sensitivity and
accountability of all concerned”.
14.4 It was also contended that change brought
about in the definition of the word ‘Prostitution’ under 1986 amendment needs
to be kept in mind while booking culprits under Section 8. SITA 1956 states that ‘Prostitution means the
act of a female offering her body for promiscuous sexual intercourse for hire,
whether in money or in kind.’
14.5 With the change in the definition in 1986
amendment, Prostitution was seen as the act by someone sexually exploiting
another person. Exploitation does not mean an act to oneself; but presumes an
exploiter to whom the victim is subjected.
14.6 Committee’s attention was also drawn to the
fact that in many States, action is being taken against females on charges of
indecent exposure, public nuisance etc.
under several laws other than ITPA.
Delhi Police Act and Mumbai Police Act are two such examples. Even with the deletion of Section 8,
provisions of States Acts will continue
to be used by the police against the women victims of trafficking.
14.7 Taking note of some dissenting views emerging
on the issue of deletion of
Section 8, the Committee made an attempt to understand all conceivable
aspects of this sensitive issue. Those
advocating the retention of Section 8 had pointed out that under Section 8 only
women victims were not liable to be prosecuted.
It can also be directed against perpetrators of crime, procurers,
agents, pimps etc. The Committee in principle agree for the removal of
section 8 i.e. to protect the victims from further victimization. However, the
Committee recommends that a suitable clause may be added in the Bill itself to
take action against the pimps, procurers, perpetrators, agents and other
exploiters with self interest, for soliciting.
15. CLAUSE 10, Sub Clause (ii)
15.1 Section 10A of the Act deals with detention
of a female offender in a corrective institution as an alternative to
punishment. It seeks to enhance the
period of detention in a corrective institution from
16 CLAUSE 11
Lowering the rank of
police officers authorized to conduct anti-trafficking operations from
Inspector to Sub Inspector under
Section 13(2)
16.1 Clause 11 proposes to lower the rank of the
special police officer, authorized to enforce the provisions of this Act, from
Inspector to Sub-Inspector. The Ministry
clarified that it has been found that
many times Special Police Officers in the rank of Inspector of Police are not
available at the time of raid and rescue of victims of trafficking. This causes inordinate delay and fear that
traffickers may hide victims of trafficking.
Hence, the proposed amendment in Section 13. However, consensus that emerged
after the interaction with different stake-holders, was that such a move would
tend to complicate the things further. Police exercises extra-ordinary power to
arrest, detain, raid, search and remove persons under the Act. There was every likelihood of increase in the
degree of harassment of women victims by police authorities. Committee’s attention was particularly drawn
to Section 15 whereunder the Special Police Officer (proposed to be of the rank
of Sub-Inspector) has the power to enter and search any place without warrant.
16.2 It is well known that powers conferred on law
enforcement officials; both under the ITPA as well as local police enactments
such as Bombay Police Act are grossly misused to threaten and extract all kind
of favours from sex workers. It was
argued that whereas a senior officer of the rank of Inspector can better tackle
the situation; a junior officer would find it difficult to take on the spot
decision. Such powers if vested in high
officials, the possibility of misuse is minimal.
16.3 The Committee finds it difficult to believe
that it was being done mainly due to paucity of adequate number of Inspectors;
whereas Sub-Inspectors were readily available.
There exists a provision for appointing special police officers for this
purpose. The Committee, therefore,
recommends that the rank of the special police officers may be retained as
Inspector. The Committee also recommends
that more lady police officers may be appointed to deal with the crimes under
ITPA. The Government should initiate a
training and sensitization programme for such officials to ensure that the
victims who are already under trauma may be saved from further harassment.
17 CLAUSE -12- INSERTION OF SECTION 13A
AND 13B
17.1 Section
13A and 13B provide for the setting up of a Central as well as State
Authorities respectively for the purpose of 'preventing and combating'
trafficking in persons. However, the
Committee notes that the composition and powers of these authorities have not
been spelt out in the Bill. The
Committee, therefore, recommends that the composition and powers of the
authorities may be spelt out in the Bill itself. Furthermore, it should be mandatory on the
Central and State Governments to set up these authorities in a fixed time frame
as at present Section 13A and 13B leave it fully at the discretion of the respective
governments. Accordingly the Committee recommends that the word 'may' should be
replaced by the word 'shall' in the first lines of Section 13A and 13B.
17.2 The
Committee further recommends that these authorities should also comprise social
workers including members of women's organizations, health workers, and other
concerned sections of the Society including prostitutes themselves.
18 CLAUSE 16 ― IN CAMERA
PROCEEDINGS
18.1 Clause 16 seeks to introduce in camera
proceedings for all trials in Section 22 of the Act. The Committee agrees that the identity of the
prostitute should not be disclosed but in camera proceedings can result
in the trafficked persons, particularly the children, not being able to depose
freely and openly. Such victims feel
threatened and insecure in the presence of the accused and the police etc. The Committee, therefore, feels that
someone whom they find secure with and have trust in should always be allowed
to be present with them during these proceedings. The Committee, therefore, recommends that
appropriate provision in this regard should be added in Section 22 after
sub-section (2).
19 GENERAL
19.1 More than
50 years have passed since the enactment of Immoral Traffic (Prevention) Act in
1956. The 1986 comprehensive amendment
indicated a major change in the approach to this social problem - from
suppression to prevention. Thereafter,
in view of changing global scenario, our society also has witnessed drastic
changes such as increasing awareness of one’s rights, weakening family
structure, changing public attitude towards sex and morality and the like. New and serious problems have surfaced which
include increasing sexual exploitation of children, growth of sex tourism,
pornography in print, electronic and cyber media, cross border trafficking.
19.2 The
Committee observes that such changes are also reflected on the nature and
dimension of prostitution. Today the
red-light area/ brothel based prostitution accounts for 10 to 20 percent of the
total prostitution in the country, which the Committee was given to understand,
was further declining due to various reasons, changing customer preferences and
stigma attached to red light areas being one. There is a sharp increase in
other forms of prostitution including shifting/ mobile brothel prostitution
which work in a very different
manner. The Committee strongly feels
that there is an urgent need for having a complete re-look at the Immoral
Traffic (Prevention) Act, 1956 touching upon all conceivable aspects. An attempt has been made through the proposed
amendments to bring the serious problem of trafficking under the Act. The Committee would, however, like to point
out that this can be only considered a half-hearted attempt as the cross-border
dimensions of problem of trafficking has
remain untouched.
19.3 Another
serious problem towards which attention of the Committee was drawn by many
witnesses was the alarming growth of child trafficking for sexual
purposes. The Committee finds that
ITPA does not contain any special provisions relating to children, particularly
with respect to the treatment of rescued children. Secondly, the Committee was also given to
understand that since the definition of ‘prostitution’ as given under the Act
simply mentions persons, it is presumed to include children. Under the Act, a victim of commercial sexual
exploitation can also be prosecuted because the law does not state whether
children forced into prostitution are victims or offenders. Committee’s attention was drawn to the
case of Prerna V/s State of
19.4 During its
deliberations with all the stake-holders, one issue which kept on emerging
constantly was the sheer lack of rehabilitation measures for the victims of the
sexual exploitation. Sex-workers who
appeared before the Committee both as individuals or representing some
organizations made it very emphatically clear that, by and large, every
sex-worker would prefer to live a dignified life like other common people. But under the existing social set up with the
stigma attached to their profession, it was virtually impossible to join the
mainstream. Numerous hurdles were faced
by the sex-workers in their attempt to give their children a normal life. The Committee found that rehabilitation
measures available under the Government set up did not simply meet the needs of
sex-workers. The Committee was informed that there were a number of State run
schemes like Swadhar, Short Stay Homes and Pilot Project to combat Trafficking
which provide funding to NGOs for rehabilitation of destitute including victims of trafficking. However, details made available to the
Committee reveal a very discouraging scenario.
Total number of beneficiaries
under these schemes which includes trafficked victims is only
33,823. The Committee can only conclude
that benefits of these schemes are not reaching the trafficked victims.
19.5 Committee’s
attention was drawn by some of the witnesses towards Section 4 of the Principal
Act which makes it illegal for anyone over the age of 18 years to live on the
earnings of a prostitute. The law thus, makes anybody who is supported by a
prostitute liable to be punished. However, there may be many cases where women
have to take up this profession for
economic reasons. It was
emphasized that this provision was totally irrational and particularly harsh in cases where a
prostitute cannot support her child
after attaining 18 years or ailing relatives or aged parents. The Committee,
therefore, recommends that the law needs to be reviewed to make a distinction
between living ‘on’ and living ‘off’ the earnings of a prostitute. While legal
safeguards need to be provided to prevent extortion of money from a prostitute,
her right to incur expenditure voluntarily has to be safeguarded.
19.6 Committee’s
attention was drawn by two important Supreme Court Judgments on the subject of
commercial sexual exploitation of children and women and the rescue and
rehabilitation of children of women victims. In pursuance of directions given
by the Supreme Court on 02.05.1990 in a public interest litigation, (Vishal
Jeet V/s Union of India), Advisory Committee on Child Prostitution was set
up by the Central Government and State Government. In another direction given
by the Supreme Court in the case of Gaurav Jain V/s Union of India on
19.7 The
Committee is also aware about commendable work being done by some NGOs. It would be appropriate if such NGOs are
actively involved in the Govt. efforts
for rehabilitation of victims.
19.8 Sensitization
and awareness among the prosecutors and the police, according to the committee,
is one of the most important component as far as implementation of this law is
concerned. There are manuals of training
programmes and the Committee would like the Ministry of Women and Child
Development to urgently put such manuals on its website.
19.9 The
Committee also deliberated upon the issue of HIV/AIDS related to
trafficking. It is understood that there
are about 30 lakh women in the prostitution trade. Of this, only three and half
lakh are brothel based and the remaining are on the streets, on the highways,
in their homes or other such places. The
target that NACO is aiming at is limited to brothel based. The representatives of the National Aids
Control Organization under the Ministry of Health and Family Welfare informed
the Committee that the AIDS programme was focused on the prevention of HIV and
other infections which had been growing with alarming proportion. NACO has involved about 200 NGOs who persuade
sex workers to work as self help groups.
With collective efforts the STD rates have fallen.
19.10 It was
argued before the Committee that the NACO’s high risk targeted intervention
approach needs to be revisited because it has not been able to fully secure the
rights of children and women involved in prostitution. The methodology of condom distribution
through brothel owners and pimps is not being effective. It was further argued that in the name of
HIV/AIDS, certain strategies that are being pushed are inimical to the human
rights and dignity of women and vulnerable men.
The Committee, however, feels that time has come for NACO to reinvent
its strategy to widen its reach to people other than the women in the brothels
in the backdrop of the fact that commercial exploitation has widened, it has
gone up from lower level to higher level.
19.11 The
Committee appreciates the consistent and untiring efforts of NACO in containing
dreaded disease like HIV/AIDS. The Committee also emphasizes the need to
broad-base the current approach of National Aids Control Programme so as to
include important aspects such as rescue, skill-building, rehabilitation and
re-integration of the vulnerable groups.
There is, therefore, need to revisit the strategy and to evolve a
suitable methodology for arresting the menace. The Committee is of the view
that impact of National Aids Control Programme amongst sex-workers would be
more visible if involvement of Ministry of Women and Child Development is also
there. The Committee, therefore,
recommends that an inbuilt component in this regard may be included in the
Programme.
19.12 The Committee found that one of the major
reasons for ITPA not being able to achieve the intended results in preventing
the immoral trafficking for sexual exploitation was the severe resource
constraint. Many of the witnesses before
the Committee also emphasized this aspect.
The Committee recommends that the government should create a special
fund for welfare/rehabilitation/healthcare and education of the sex workers as
well as their children.
19.13 Another problem put before the Committee
particularly by the sex workers themselves was about various kinds of problems
faced by them in getting them back to the mainstream. The Committee found that it was mainly the
attitude and mindset of the people vis-à-vis the sex workers which was
largely responsible for this. People still look down upon them as culprits not
as victims; there is a clear-cut lack of sympathy and cooperation with
them. The Committee in such a situation
strongly feels that there is an urgent need for undertaking public awareness
measures at every level including the schools and colleges to treat sex workers
as a normal human being. Such an environment, if generated, would go a long way
in integrating the sex workers into the mainstream.
20. The
Committee adopts the remaining clauses of the Bill without any amendments.
21. The
enacting formula and the title are adopted with consequential changes.
22. The
Committee recommends that the Bill may be passed after incorporating the
amendments /additions suggested by it.
23. The
Committee would like the Ministry to submit a note with reasons on the
recommendations/suggestions made by the Committee, which could not be
incorporated in the Bill.
*****
OBSERVATION/RECOMMENDATIONS
AT A GLANCE
The Committee is of the firm view
that confining its Report only on the proposed amendments will perhaps not
serve the purpose. Keeping in view the
sensitiveness of the subject, task of the Committee would hardly be complete if
these issues were also not commented upon.
Accordingly, some general issues inextricably linked with the problem
have also found place in the Report. (
CLAUSE 2 SUB CLAUSE
(iii)
Modification of definition of prostitution under Section 2(f) of the
Principal Act.
The Committee feels that present definition is too
wide particularly due to addition of the words "any other kind". The Committee, therefore, recommends that the proposed
definition of ‘prostitution’ in section 2(f) needs a re-look, keeping in mind
the purpose and intent of legislation and redrafted to avoid any ambiguity. (10.3)
CLAUSE 6
Insertion of new Section 5A to define trafficking in persons
As regards including trafficking in
areas other than for sexual purposes, in the Bill, the Committee while agreeing
with the argument in principle, wishes to emphasize that, it might not be
possible to do so in this amending Bill.
The Committee, however, feels that there is a strong case for bringing
separate legislation(s) to cover other forms of trafficking in persons other
than for prostitution. The Committee has been given to understand that the
Ministry is in the process of preparing an Omnibus Bill on Offences against the
child, which will cover trafficking of all kinds. The Committee recommends that
this Bill should be brought before Parliament at the earliest.
The Committee, therefore, recommends that while
redrafting the definition of trafficking, the words "inducement of
religious and social nature" may also be included appropriately in Section
5A to prevent cases of trafficking driven by religious beliefs and other social
practices. (
SECTION
5 B
PUNISHMENT FOR TRAFFICKING IN PERSONS
The
Committee, therefore, recommends that Section 5B (1) should accordingly be
amended to read as under:
Any person who commits trafficking in person shall be
punishable on first conviction with rigorous imprisonment for a term which
shall not be less than 7 years for trafficking in adults and not less than 10
years for trafficking in children and in the event of a second or a subsequent
conviction with imprisonment for life. (
SECTION 5C
PUNISHMENT FOR VISITING BROTHEL
This ambiguity, the Committee notes, is
further confounded, as the term "sexual exploitation" has not been
defined in the Bill. The words" for the purpose of sexual exploitation of
any victim of trafficking" would allow the enforcement agencies to
determine "victims of trafficking" and the intention of the visitor
to 'sexually exploit' at the time of arresting.
It would also lead to harassment of every person who visits a brothel
irrespective of the object of his visit. (
The Committee apprehends that such
ambiguous language in the provision may lead to indiscriminate arrests and
harassment of any person found in a brothel.
(
The Committee finds that even the
Ministry has admitted that it is very unlikely that a distinction can be made
between a trafficked person and a person who is there voluntarily, as victims
do not confess to be trafficked, being constantly under blackmail, threat and
intimidation. The Committee is of the view that it is a cardinal
principle of criminal law that what constitutes an offence must be clear, not
vague. The Committee, therefore, recommends that section 5C needs to be
revisited for removing all the ambiguities and addressing the concerns
expressed in respect thereto. It would be better if the terms "trafficked
victim" and "commercial sexual exploitation" are defined
precisely in the Bill itself. (
The Committee is inclined to agree
with the contention of the Ministry that apprehensions of all concerned about
the adverse impact of proposed Section 5C on HIV/AIDS control programme do not
seem to be fully correct. The Committee
would however, like to point out that interventions for prevention of HIV/AIDS
should be mainstreamed to target the sex workers who are not brothel based and
not only restricted to brothels as then the majority of sex workers will be
left out of the ambit of these interventions. (Para 13.12)
CLAUSE 9
Deletion of Section 8
The
Committee in principle agree for the removal of section 8 i.e. to protect the
victims from further victimization. However, the Committee recommends that a
suitable clause may be added in the Bill itself to take action against the
pimps, procurers, perpetrators, agents and other exploiters with self interest,
for soliciting. (
CLAUSE 10, Sub
Clause (ii)
The Committee feels that the whole
aspect of corrective homes appears to be a medieval concept, which has to be
rejected on the basis of the changing positions and changing perceptions about
the women. We can't, on the one hand,
say that women are victims and then send the victims for seven years
incarceration on the other. This is more
as imprisonment than a rehabilitation or relief. The Committee recommends that instead of
corrective institutions the Government should create rehabilitation homes where
opportunity for seeking an alternative livelihood with the women's consent is
provided so as to prepare the victims to live life in mainstream. (
CLAUSE 11
The Committee finds it difficult to believe that it was
being done mainly due to paucity of adequate number of Inspectors; whereas
Sub-Inspectors were readily available.
There exists a provision for appointing special police officers for this
purpose. The Committee, therefore,
recommends that the rank of the special police officers may be retained as
Inspector. The Committee also recommends
that more lady police officers may be appointed to deal with the crimes under
ITPA. The Government should initiate a
training and sensitization programme for such officials to ensure that the
victims who are already under trauma may be saved from further harassment. (Para16.3)
CLAUSE -12-
INSERTION OF SECTION 13A AND 13B
The
Committee, therefore, recommends that the composition and powers of the
authorities may be spelt out in the Bill itself. Furthermore, it should be mandatory on the
Central and State Governments to set up these authorities in a fixed time frame
as at present Section 13A and 13B leave it fully at the discretion of the
respective governments. Accordingly the Committee recommends that the word
'may' should be replaced by the word 'shall' in the first lines of Section 13A
and 13B. (
The
Committee further recommends that these authorities should also comprise social
workers including members of women's organizations, health workers, and other
concerned sections of the Society including prostitutes themselves. (
CLAUSE 16 ― IN CAMERA PROCEEDINGS
The Committee, therefore, feels that
someone whom they find secure with and have trust in should always be allowed
to be present with them during these proceedings. The Committee, therefore, recommends that
appropriate provision in this regard should be added in Section 22 after
sub-section (2). (
GENERAL
The Committee strongly feels that there is an urgent
need for having a complete re-look at the Immoral Traffic (Prevention) Act,
1956 touching upon all conceivable aspects.
An attempt has been made through the proposed amendments to bring the
serious problem of trafficking under the Act.
The Committee would, however, like to point out that this can be only
considered a half-hearted attempt as the cross-border dimensions of problem of
trafficking has remain untouched.
(
The
Committee finds that ITPA does not contain any special provisions relating to
children, particularly with respect to the treatment of rescued children. Secondly, the Committee was also given to
understand that since the definition of ‘prostitution’ as given under the Act
simply mentions persons, it is presumed to include children. Under the Act,
a victim of commercial sexual exploitation can also be prosecuted because the
law does not state whether children forced into prostitution are victims or
offenders. Committee’s attention was
drawn to the case of Prerna V/s State of
However,
details made available to the Committee reveal a very discouraging
scenario. Total number of beneficiaries under these schemes which includes trafficked
victims is only 33,823. The Committee
can only conclude that benefits of these schemes are not reaching the
trafficked victims. (
The
Committee, therefore, recommends that the law needs to be reviewed to make a
distinction between living ‘on’ and living ‘off’ the earnings of a prostitute.
While legal safeguards need to be provided to prevent extortion of money from a
prostitute, her right to incur expenditure voluntarily has to be safeguarded. (
The
Committee observes that this ‘Plan of Action’ includes all the action points required for rehabilitation
namely, prevention, trafficking, awareness generation and social mobilization,
health care services, education and child care, housing, shelter and civic amenities, economic empowerment, rescue
and rehabilitation. The Committee is not
aware about the status of this Plan of Action.
The Committee is of the view that implementation of this Plan of Action
by all the concerned authorities with close monitoring by the Ministry will ultimately prove
effective in the quality of life of victims of trafficking. (
Sensitization
and awareness among the prosecutors and the police, according to the committee,
is one of the most important component as far as implementation of this law is
concerned. There are manuals of training
programmes and the Committee would like the Ministry of Women and Child
Development to urgently put such manuals on its website. (
The
Committee, however, feels that time has come for NACO to reinvent its strategy
to widen its reach to people other than the women in the brothels in the
backdrop of the fact that commercial exploitation has widened, it has gone up
from lower level to higher level.
(
The
Committee appreciates the consistent and untiring efforts of NACO in containing
dreaded disease like HIV/AIDS. The Committee also emphasizes the need to broad-base
the current approach of National Aids Control Programme so as to include
important aspects such as rescue, skill-building, rehabilitation and
re-integration of the vulnerable groups.
There is, therefore, need to revisit the strategy and to evolve a
suitable methodology for arresting the menace. The Committee is of the view
that impact of National Aids Control Programme amongst sex-workers would be
more visible if involvement of Ministry of Women and Child Development is also
there. The Committee, therefore,
recommends that an inbuilt component in this regard may be included in the
Programme. (
The Committee recommends that the government should create a special
fund for welfare/rehabilitation/healthcare and education of the sex workers as
well as their children. (
The Committee found that it was mainly
the attitude and mindset of the people vis-à-vis the sex workers which
was largely responsible for this. People still look down upon them as culprits
not as victims; there is a clear-cut lack of sympathy and cooperation with
them. The Committee in such a situation
strongly feels that there is an urgent need for undertaking public awareness
measures at every level including the schools and colleges to treat sex workers
as a normal human being. Such an environment, if generated, would go a long way
in integrating the sex workers into the mainstream.
(
The Committee recommends that the Bill may be passed
after incorporating the amendments /additions suggested by it.
(
The Committee would like the Ministry to submit a note with reasons on the recommendations/suggestions made by the Committee, which could not be incorporated in the Bill.
(
*****
---------------------------------------------------------------------------------------------
MINUTES
----------------------------------------------------------------------------------------------
XIX
NINETEENTH MEETING
The Committee on Human Resource Development met at
MEMBERS PRESENT
1. Shri
Janardan Dwivedi ¾ Chairman
RAJYA SABHA
2. Shri Dwijendra Nath Sharmah
3. Shri Shantaram Laxman Naik
- Smt. Brinda Karat
4.
Shri
M.P. Abdussamad Samadani
LOK SABHA
5.
Shri
Basudeb Barman
6.
Shri
Hari Sinh Chavda
7.
Shri
Ramswarup Koli
8.
Shri
Manjunath Kunnur
9.
Dr.
Thokchom Meinya
10. Shri Krishna Murari Moghe
11. Shri Tukaram Ganpatrao Rengepatil
12. Prof. Rasa Singh Rawat
13. Shri M. Rajamohan Reddy
14. Smt. P. Satheedevi
15. Shri A.R. Shaheen
16. Smt. Jyotirmoyee Sikdar
17. Shri K. Virupaxappa
18. Shri Ganesh Prasad Singh
SECRETARIAT
Smt. Vandana Garg, Joint
Secretary
Smt. Meena Kandwal, Research Officer
WITNESSES
***
2. At the outset, the Chairman welcomed the three new Members who were recently nominated to the Committee.
3. ***
________________________________________________________________________
*** Relates to other matter
5. The Chairman also informed the Members that the `Immoral Traffic (Prevention) Amendment Bill, 2006’ has been referred to the Committee on 2nd June, 2006 for examination and report within three months. Keeping in view the wider ramifications of the Bill, the Committee decided to issue a Press Release inviting comments on the Bill from all concerned.
6. A verbatim record of the proceedings was kept.
7.
The Committee then adjourned at
II
SECOND MEETING
The Committee on Human Resource
Development met at
MEMBERS PRESENT
- Shri Janardan Dwivedi ¾ Chairman
RAJYA SABHA
- Shri Dwijendra Nath Sharmah
- Shri Shantaram Laxman Naik
- Shri Vijay Kumar Rupani
- Smt. Brinda Karat
6. Shri S. Anbalagan
- Prof. Ram Deo Bhandary
LOK SABHA
- Shri Ashok Argal
- Shri Basudeb Barman
- Shri Harishchandra Chavan
- Shri Harisinh Chavda
- Smt. Paramjit Kaur Gulshan
- Shri Ramswaroop Koli
- Shri G.V. Harsha Kumar
- Smt. Nivedita Sambhajirao Mane
- Smt. Smt. M.S.K. Bhavani Rajenthiran
- Shri M. Raja Mohan Reddy
- Shri Ganesh Prasad Singh
- Shri Chengara Surendran
- Dr. Thokchom Meinya
- Shri K. Virupakshappa
- Dr. Kunwar Devendra Singh Yadav
- Shri Francis K. George
- Shri Anantkumar Hegde
SECRETARIAT
Smt Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri J. Sundriyal, Under Secretary
Shri Swarabji B., Committee Officer
WITNESSES
Lawyer's Collective HIV/AIDS Unit
1.
Shri
Anand Grover, Project Director
2.
Ms.
Tripti Tandon
3.
Shri
Vinod Bhanu
4.
Ms.
Shivangi Rai
5.
Ms.
Ayesha Sen Choudhary
6.
Ms.
Asmita Basu
National
Commission for Women
1. Dr (Ms), Girija Vyas, Chairperson
2. Mrs.Yasmin Abrar, Member
3. Mrs Manju Snehalata Hembram, Member
4. Mrs Nirmala Venkatesh, Member
1. Ms. Jasodhara Bagchi, Chairperson
2.
Ms. Bharati Mutsuddi, Advocate,
Andhra
Pradesh Women's Commission
1. Mrs. Mary Ravindranath, Chairperson
***
2. At the outset, the Chairman welcomed the new Members who
were recently nominated to the Committee. The Chairman of the Committee
requested the members to select the names of the organizations/individuals
(from the two lists circulated to them) to finalize the list of witnesses who
could be called for evidence in connection with the Immoral Traffic
(Prevention) Amendment Bill, 2006.
3. The Committee then heard the representatives of the Lawyer's Collective on the Immoral Traffic (Prevention) Amendment Bill, 2006. The witnesses presented their views and the members sought clarifications on various provisions of the Bill, which were replied. The witnesses then withdrew.
4. Thereafter, the Committee heard the Chairpersons of the
National Commission for Women, West Bengal Commission for Women and Andhra
Pradesh State Women Commission on the Immoral Traffic (Prevention) Amendment
Bill, 2006. Members sought clarifications, which were replied to by the
witnesses. The Committee, then adjourned for Lunch at
5. ***
6. A verbatim record of the proceedings
was kept.
7. The
Committee then adjourned at
_______________________________________________________________
*** Relates to other matter.
III
THIRD MEETING
The Committee on Human Resource
Development met at
MEMBERS PRESENT
- Shri Janardan Dwivedi ¾ Chairman
RAJYA
SABHA
- Shri Dwijendra Nath Sharmah
- Shri Vijay Kumar Rupani
- Shri Laxminarayan Sharma
- Smt. Brinda Karat
- Shri Uday Pratap Singh
- Prof. Ram Deo Bhandary
- Shri Ali Anwar
LOK SABHA
- Shri Ashok Argal
- Shri Basudeb Barman
- Shri Harishchandra Chavan
- Shri Harisinh Chavda
- Smt. Paramjit Kaur Gulshan
- Shri Ramswaroop Koli
- Smt. Nivedita Sambhajirao Mane
- Smt. Archana Nayak
- Prof. Rasa Singh Rawat
- Shri M. Raja Mohan Reddy
- Shri Ganesh Prasad Singh
- Shri Chengara Surendran
- Dr. Thokchom Meinya
- Shri Francis K. George
- Shri Anantkumar Hegde
SECRETARIAT
Smt Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri Swarabji B., Committee Officer
2. ***
3. The Chairman thereafter requested the Members to identify
the names of organizations/witnesses to be called before the Committee on ITPA
Bill, 2006 from the Lists circulated to them earlier.
4. ***
6. The Committee then adjourned at
***
Relates to other matter.
IV
FOURTH MEETING
The Committee on
Human Resource Development met at
MEMBERS PRESENT
1.
Shri
Janardan Dwivedi ¾ Chairman
RAJYA
SABHA
2.
Shri
Dwijendra Nath Sharmah
3.
Shri
Shantaram Laxman Naik
4.
Shri
Vijay Kumar Rupani
5.
Smt.
Brinda Karat
6.
Shri Ali
Anwar
LOK SABHA
7.
Shri
Ashok Argal
8.
Shri
Basudeb Barman
9.
Shri Harisinh
Chavda
10.
Smt.
Paramjit Kaur Gulshan
11.
Shri
Ramswaroop Koli
12.
Smt.
Nivedita Sambhajirao Mane
13.
Shri M.
Raja Mohan Reddy
14.
Shri
Ganesh Prasad Singh
15.
Shri
Chengara Surendran
16.
Dr.
Thokchom Meinya
17.
Shri K.
Virupakshappa
18.
Shri
SECRETARIAT
Smt Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri J. Sundriyal, Under Secretary
Shri Swarabji
B., Committee Officer
WITNESSES
|
1. |
Ms.Rami Chahabra, Social Activist, New Delhi |
|
2. 3. |
Centre for Feminist and Legal Research, Ms. Ratna Kapur Ms. Gayatri Sharma |
|
4. 5. |
Gram
Niyojan Kendra, Gaziabad Prof. K. K.
Mukherjee Dr.(Mrs) Sutapa Mukherjee |
|
6. |
Centre for Social Research Ms. Ranjana Kumari, Director |
|
7. 8. |
ApneAap Women World wide, Kolkata Ms. Ruchira Gupta, Executive Director Ms. Kumkum Chhetry |
|
9. |
Kumari Nirmala Deshpande, M.P, Rajya Sabha |
|
10. 11. |
All India Democratic Women’s Association, New Delhi Ms. Kirti Singh, President Ms. Asha Lata |
|
12. 13. |
Bharatiya Patita Uddhar Sabha, Shri Khairati Lal Bhola, President Ms. Munni Bai |
2. At the outset, the
Chairman welcomed the Members of the Committee. The Committee, then, heard the
representatives of (i) Centre for Feminst and Legal Research; (ii) Gram Niyojan
Kendra; (iii) Centre of Social Research; (iv) Apne Aap Women World Wide along
with individual social activist on the Immoral Traffic (Prevention) Amendment
Bill, 2006. The witnesses presented
their views and the members sought clarifications and suggestion on various
provisions of the Bill, which were given. The Committee, then adjourned for
Lunch at
3. The Committee
reassembled after Lunch at
4. A verbatim record of the
proceedings was kept.
5. The Committee then adjourned at
V
FIFTH MEETING
The Committee on Human Resource
Development met at
MEMBERS PRESENT
- Shri Janardan Dwivedi ¾ Chairman
RAJYA SABHA
- Shri Dwijendra Nath Sharmah
- Shri Shantaram Laxman Naik
- Shri Vijay Kumar Rupani
- Smt. Brinda Karat
- Shri Ali Anwar
LOK SABHA
- Shri Ashok Argal
- Shri Basudeb Barman
- Smt. Paramjit Kaur Gulshan
- Shri Ramswaroop Koli
- Smt. Nivedita Sambhajirao Mane
- Smt. Archana Nayak
- Prof. Rasa Singh Rawat
- Shri M. Raja Mohan Reddy
- Shri Ganesh Prasad Singh
- Dr. Thokchom Meinya
- Shri K. Virupakshappa
- Shri
- Shri Francis K. George
- Shri Anantkumar Hegde
SECRETARIAT
Smt Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri J. Sundriyal, Under Secretary
Shri Swarabji B., Committee Officer
WITNESSES
|
1. 2. 3. 4. 5. |
Durbar Mahila Samanwaya
Committee, Kolkata. Ms. Aarti Dey, Ms. Sapna Rayan, Ms. Putul Singh, Ms. Chhaya Singh and Ms. Chhabi Kar. |
|
6. |
SANLAAP, Kolkata Ms. Indrani Sinha, Secretary |
|
7. |
Vimochana Devdasi Sangha,Athni, KarnatakaMr. B. L. Patil Shri Subhash N. Chitgupkar |
|
8. |
Swathi Mahila Sangha,
Ms. Pushpalatha R., Secretary Ms.B.S. Shobha |
|
9. 10. 11. 12. 13. 14. 15. 16. |
Ms. Radha Rani,
President, Ms. Satyavathi, Ms. Krishna, and Mr. Sree Ram. |
|
Positive Women Network (PWN+), Chennai. Smt. Kousalya, and Ms. Laya Medhani |
|
|
NATSAP, Andhra Pradesh. Mr. Rama Mohan, Convenor, and Mr. G. Gopalakrishna Murthy |
|
|
17. 18. 19. 20. 21. 22. 23. |
PRERANA, Mumbai. Mr. Pravin Patkar, Chairperson |
|
PRAJWALA,
Andhra Pradesh. Ms. Sunitha
Krishnan and Ms. Noorjahan |
|
|
Manav Sarathi, Guwahati. Dr. Manjushree Pathak, President, and Ms. Suryasikha |
|
|
Guria, Shri Ajit Singh, Secretary, and Ms. Aparna Bhat |
2. At the outset, the Chairman welcomed the Members of the
Committee. The Committee, then, heard the representatives of (i) Durbar Mahila
Samanwaya Committee, SANLAAP,(ii)
Vimochana Devdasi Sangha, (iii) Swathi Mahila Sangha, (iv) Godavari Mahila
Samakhya, (v) Positive Women Network and (iv) NATSAP on the Immoral
Traffic (Prevention) Amendment Bill, 2006.
The witnesses presented their views and the members sought
clarifications on various provisions of the Bill. The Committee then adjourned
for Lunch at
3. The Committee reassembled after Lunch at
4. A verbatim record of the
proceedings was kept.
5. The Committee than decided to hear the Secretary, Ministry of Women & Child Development on those issue before arriving at any conclusions about the proposed amendments in the Bill.
6. The Committee also decided to hear Secretary, Ministry of Health on possible impact of the
proposed provisions on its efforts to prevent
HIV/AIDS infections.
7. The
Committee then adjourned at
MINUTES OF THE DEPARTMENT-RELATED PARLIAMENTARY
STANDING COMMITTEE ON HUMAN RESOURCE DEVELOPMENT
VI
SIXTH MEETING
The Committee on Human Resource
Development met at
MEMBERS PRESENT
1.
Shri Janardan Dwivedi ¾ Chairman
RAJYA
SABHA
2. Shri Dwijendra Nath Sharmah
3. Shri Shantaram Laxman Naik
4. Shri Laxminarayan Sharma
5. Smt. Brinda Karat
6. Shri Ali Anwar
LOK
SABHA
7. Shri Ashok Argal
8. Shri Basudeb Barman
9. Smt. Paramjit Kaur Gulshan
10. Shri Ramswaroop Koli
11. Shri G.V. Harsha Kumar
12. Smt. M.S.K. Bhavani Rajenthiran
13. Prof. Rasa Singh Rawat
14. Shri Ganesh Prasad Singh
15. Shri Chengara Surendran
16. Dr. Thokchom Meinya
17.
Shri
18. Shri Francis K. George
19. Dr. Ram Lakhan Singh
SECRETARIAT
Smt Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri J. Sundriyal, Under Secretary
Shri
Swarabji B., Committee Officer
WITNESSES
Ministry of Women and Child
Development
1. Smt. Deepa Jain Singh - Secretary
2. Smt. Manjula Krishnan - Economic Advisor
3. Smt. Nandita Mishra - Deputy Economic Advisor
4. Smt. Preeti Nath - Deputy Director
Ministry
of Health and Family Welfare
1. Ms. Sujata Rao - Director General,
National Aids Control Organization (NACO)
2. Dr. Suresh Mohammed - National Consultant
3. Shri. Suresh Kumar - Director
4. Shri. K. S. Nagi - Under Secretary
5. Smt. I. P. Kaur - Deputy Commissioner,
Maternal and Child Health.
2. At the outset, the Chairman outlined the important issues which emanated from discussion held with various NGOs/Women's Organization/individuals on the Immoral Traffic (Prevention) Amendment Bill, 2006 and which need clarification/elucidation from the Ministry. The Committee, then, heard the Secretary and other officials of the Ministry of Women and Child Development and Ministry of Health and Family Welfare on the Immoral Traffic (Prevention) Amendment Bill, 2006. The Chairman and Members of the Committee sought clarifications on various aspects of the Bill, to which the officials replied.
The witnesses then withdrew.
4. ***
5. A verbatim record of the proceedings
was kept.
6. The
Committee then adjourned at
_______________________________________________________________
*** Relates to other matter.
VIII
EIGHTH MEETING
The
Committee on Human Resource Development met at
MEMBERS PRESENT
1. Shri Janardan Dwivedi ¾ Chairman
RAJYA SABHA
2. Shri Dwijendra Nath Sharmah
3.
Shri Vijay Kumar Rupani
4.
Shri Laxminarayan Sharma
5. Smt. Brinda Karat
6. Shri S. Anbalagan
7. Shri Uday Pratap Singh
LOK SABHA
8. Shri Ashok Argal
9. Shri Basudeb Barman
10. Shri Harishchandra Chavan
11. Shri Harisinh Chavda
12. Smt. Paramjit Kaur Gulshan
13. Shri R. L. Jalappa
14. Shri G.V. Harsha Kumar
15. Smt. Archana Nayak
16. Prof. Rasa Singh Rawat
17. Shri Ganesh Prasad Singh
18. Shri K. Virupakshappa
19. Shri
20. Shri Francis K. George
21. Dr. Ram Lakhan Singh
SECRETARIAT
Smt Vandana Garg, Joint Secretary
Shri N.K. Singh, Director
Shri J. Sundriyal, Under Secretary
Shri
Swarabji B., Committee Officer
WITNESSES
***
2. ***
3. The Committee thereafter took up for consideration the draft Report on ‘The Immoral Traffic (Prevention) Amendment Bill, 2006’. The Committee adopted the report with some modifications.
4. The
Committee authorized the Chairman to fix a suitable date to present/lay the
Report in the winter session of Parliament and also nominate members from both
the Houses to present/lay the report.
5. A verbatim record of the proceedings
was kept.
6. The
Committee then adjourned at
_______________________________________________________________
*** Relates to other
matter.