| Section |
Existing Provision |
Amendments proposed |
| 2(aa) |
"Child" means ‘a person
who has not completed the age of sixteen years’ |
"Child" means a person under
the age of eighteen years. |
| 2(ca) |
"major" means ‘a person
who has completed the age of eighteen years’ |
May be deleted
|
| 2(cb) |
"minor" means ‘a person
who has completed the age of sixteen years but who has not completed the age of eighteen
years’ |
May be deleted
|
2(k)
|
After the existing entries after 2(j)
add clause 2(k)
|
a)
"Trafficking in persons" shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution of others
or other forms of sexual exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs;
b) The consent of a victim of
trafficking in persons to the intended exploitation set forth in subparagraph (a) shall be
irrelevant where any of the means set forth in subparagraph (a) have been used;
c) The recruitment,
transportation, transfer, harbouring or receipt of a child for the purpose of exploitation
shall be considered "trafficking in persons" even if this does not involve
any of the means set forth in subparagraph (a); |
3(1)
|
Punishment for keeping a brothel or
allowing premises to be used as a brothel |
Punishment for keeping a brothel or
allowing premises to be used as a brothel |
| |
Any person who keeps or manages, or
acts or assists in the keeping or management of a brothel shall be punishable on first
conviction with RI for a term of not less than one year and not more than three and
also with fine which may extend to two thousand rupees and in the event of a second
or subsequent conviction, with RI for a term of not less than two years and not more than
five years and also with fine which may extend to two thousand rupees. |
Any person who keeps or manages or acts
or assists in the keeping or management of a brothel shall be punishable on first
conviction with RI for a term of not less than three years with fine which may
extend to ten thousand rupees and in the event of second or subsequent conviction with RI
for a term of not less than seven years and also with fine which may extend to two lakh of
rupees.
|
7(1A)
|
Where an offence committed under
Sub-section (1) is in respect of a child or minor, the person committing the offence shall
be punishable with imprisonment of either description for a term which shall not be less
than seven years but which may be for life or for a term which may extend to ten years and
shall also be liable to fine. |
Where an offence committed under
Sub-section (1) is in respect of a person of less than 18 years, the person committing
the offence shall be punishable with imprisonment of either description for a term which
shall not be less than seven years but which may be for life or for a term which may
extend to ten years and shall also be liable to fine.
|
8.
|
Seducing or soliciting for purpose or
prostitution whoever, in any public place or within sight of, and in such manner as to be
seen or heard from, any public place, whether from within any building or house or not- |
May be deleted.
|
| |
(a) by words, gestures, willful
exposure of her person (whether by sitting by a window or on the balcony of a building or
a house or in any other way) or otherwise tempts or endeavours to tempt, or attracts or
endeavours to attract the attention of any persons for the purpose of prostitution; or |
|
| |
(b) solicits or molests any person, or
loiters or acts in such manner as to cause obstruction or annoyance to persons residing
nearly or passing by such public places or to offend against public decency, for the
purpose of prostitution, |
May be deleted
|
| |
Shall be punishable
on first conviction with imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred rupees or with both, and in the event of a second or
subsequent conviction, with imprisonment for a term which may extend to one year and also
with fine which may extend to five hundred rupees.
Detention in a corrective
institution |
May be deleted
Detention in a corrective institution. |
10(a)
|
Where-----
(a) a female offender is found guilty of an offence under Sec.7 or Sec.8 and |
(a) a female offender is found guilty
of an offence under Sec. 7; and
|
| |
(b) the character, state of health and
mental condition of the offender and
|
(b) the character, state of health and
mental condition of the offender and the other circumstances of the case are such that
it is expedient that she should be subject to detention for such term and such
instructions and discipline as are conducive to her correction, |
| |
It shall be lawful for the Court to
pass, in lieu of a sentence of imprison-ment, an order for detention in corrective
institution for such term, not being less than two years and not being more than five
years as the Court thinks fit. |
It shall be lawful for the Court to
pass, in lieu of a sentence of imprisonment, an order for detention in corrective
institution for such term not being less than two years and not being more than seven
years.
|
13(2)
|
The Special Police Officer shall not be
below the rank of an inspector of police |
The special police officer shall not be
below the rank of a sub-inspector/ inspector of police. |
13(3)(b)
|
The State Government may associate with
the special police officer a non-official advisory body consisting of not more than five
leading social welfare workers of that area (including women social welfare workers,
wherever practicable) to advise him on questions of general importance regarding the
working of this Act |
The State Government shall
associate with the special police officer or officers a non-official advisory body
consisting of not more than five leading social welfare workers of that area (including
women social welfare workers, wherever practicable) to advise him/them on questions of
general importance regarding the working of this Act. |
| |
New provision proposed.
|
(i) Provisions
for confiscation of property and assets of traffickers and agents of organized
prostitution/flesh trade as under:
(1) As from the commencement of the
amended act, it shall be lawful for any person to hold any illegally acquired property
either by himself or through any other person on his behalf;
(2) Where any person holds any
illegally acquired property in contravention of the provision of Sub-section (1), such
property shall be liable to be forefeited to the Central/State Governments in accordance
with the provisions of this Act.
(ii) A provision providing
protective mechanisms, immunities and safeguards for the members of voluntary agencies who
take initiatives for preventing, trafficking, facilitating rescue or carrying out victims
protection activities to be included in consultation with the Ministry of Law and Justice.
|
| |
Consequential changes in various
sections where the term ‘his’ or ‘her’ has been used.
|
The words ‘his’ and
‘her’ wherever occur in the Act should be substituted by a gender neutral word
for example ‘person' so as to cover both sexes. |