Report No. 64
6.17. Section 16(1)-Suggestion to authorise persons empowered by the State Government.-
It has been stated1 in one suggestion that some persons considered suitable for the purpose should be appointed by the appropriate Governments for furnishing information to the Magistrate regarding girls who need to be rescued under the provisions of section 36. This is in fact only an elaboration of a provision which already exists in this sub-section, viz., that the magistrate concerned may not act on information received otherwise than from the Police. Where information involving families of the neighbourhood is concerned, respectable people do not come forward to inform the law enforcement agencies unless appointed by the Government to do so.
Ordinarily the only information which the law enforcement agencies get "otherwise", is either out of malice or from people of doubtful character. It is stated that the States have not been in a position to assign any whole-time staff for the purposes of the Act in general or for rescue operations in particular which can be considered adequate enough to notice activities of this nature. Reliance may therefore have to be placed largely as voluntary social work in this sphere, not only for making the processes of detention more efficient but also for saving those rescued from stigma. Hence the suggested provision.
1. Suggestion of the Central Bureau of Correctional Services.
6.18. We are of the view that the suggestion should be accepted as introducing a useful feature. No doubt, the existing language appears to be wide enough to cover such information. However an amendment would bring out emphatically the ideas.