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Report No. 64

Chapter 9

Summary of Recommendations

Our Recommendations are Summarised Below-

I. The Suppression of Immoral Traffic in Women and Girls Act, 1956-Amendment

Section 2(a)-'brothel'- In the definition of 'brothel', the addition of 'conveyance' is recommended.1

1. Para. 4.5.

Section 2-"corrective institution"- The definition of "corrective institution" should be inserted in section 2, to include an institution where women and girls who are in need of correction may be detained.1

1. Para. 4.7.

Section 2(c)-'Magistrate'- The term 'Metropolitan Magistrate' should be substituted for 'Magistrate' in the Act, to accord with the terminology adopted in the Criminal Procedure Code, 1973.1

The definition of "Magistrate" in section 2(c) should be revised so as to refer to a schedule of powers of Magistrates, which is recommended to be inserted in the Act.2

1. Para. 4.9.

2. Paras. 4.12 and 7.9.

Section 2(e)-"prostitute"- The definition of 'prostitute' should be linked up with that of 'prostitution'.1

1. Paras. 4.17 and 4.26.

Section 2(f)-'prostitution'- The definition of 'prostitution' should be revised so as to clarify that the payment for the intercourse need not be immediate. Further, the definition of 'prostitute' should be linked up with that of 'prostitution'.1

1. Para. 4.26.

Section 2(g)-'protective home'- Recommendation has been made to amend the definition of 'protective home' so as to include an institution for the care and protection of rescued women and girls, being an institution as is referred to under section 21, but as to exclude a shelter for female under-trials or a corrective institution.1

1. Para. 4.33.

Section 4(2)- Recommendation has been made to revise section 4(2), so as to make it clear that it is those persons who are over the age of eighteen years and found in the circumstances mentioned in this sub-section who are punishable under sub-section (1). The proviso to section 4(2) should be deleted, as being superfluous.1

The point relating to section 5 is considered. An amendment is recommended in sections 372 and 373 of the Indian Penal Code2, to cover girls above a certain age.

1. Para. 5.17.

2. Para. 5.21.

Section 7(1)-Verbal change- In section 7(1), for the words "yards" the word 'meters"1 should be substituted.

1. Para. 5.25.

Section 9(1)- Section 9(1) should be revised so as to punish a person who stands in a position of authority over any woman or girl and who causes or aids or abets in seducing her for prostitution.1

1. Para. 5.37.

Section 10(1)- In section 10(1), the offences under section 3(2), section 4 and section 5 should be removed, as these are serious offences and not suitable for probation.1

1. Para. 5.43.

Section 10(1)(a), (b) and (c)- The reference to the Criminal Procedure Code, 1898 should be replaced by reference to the new Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958.1

Section 10(1) should be revised to provide that a person convicted for the first time under section 7 or 8, may, having regard to his age, character, antecedents and circumstances be released by the court with admonition or probation under the Probation of Offenders Act, 1958 or section 360 of the Criminal Procedure Code, 1973, if the said Act does not extend to the State.2

1. Para. 5.45.

2. Para. 5.46.

Section 10(2) and section 10A (New)- Section 10(2) should be revised so that persons convicted under sections 7 and 8 should be determined in a corrective institution. For this purpose, a new section 10A should be inserted.1

1. Para. 5.47.

Section 10(3)- Section 10(3) should be widened, so as to prohibit release on probation or with admonition for all offences except offences under sections 7 and 8.1

1. Para. 5.48.

Section 10- Section 10 should be amended so as to provide that where a court convicting a person could have ordered probation, but has not done so, it shall record the reasons for not having done so.1

1. Para. 5.49.

Sections 15(4), 16, 17 and 23(2)- The scope of section 15(4) and 16 should be widened, so as to make the beneficial provision for rescue available also to a woman of any age who is being made to carry on prostitution.1

Such women, being involuntary participants in prostitution, should be sent to protective homes, and not to corrective institutions.2

However, such adult women, while in the protective home, should be treated on a different footing from girls below the age of 21 years, and suitable provision should be made in this regard in the rules to be made under the Act.3

In section 17(1), the word "immediately" should be deleted4. It is also recommended that a proviso should be added to section 17(1) to the effect that no girl should be detained in custody for more than ten days or be placed in custody of a person who may exercise harmful influence over her5.

1. Paras. 6.7, 6.8 and 6.9.

2. Para. 6.10.

3. Para. 6.10.

4. Para. 6.21.

5. Para. 6.22.

Section 17(2)- Section 17(2) should be revised so as to provide for intermediate custody, enquiries by Probation Officers, need for care and protection of orders by courts and non-institutional care and guidance1. A minimum period of one year and not more than three years may be prescribed for detention in a protective home or in such other custody as the court may order2.

1. Paras. 6.23 and 6.24.

1. Paras. 6.24 and 6.25.

Section 17A and 17B (New)- The insertion of two new sections-17A and 17B-to deal with seduction and non-production by police officers of rescued women and girls1 is recommended.

1. Paras. 5.53 and 6.26.

Section 19(1)- Section 19(1) should be revised so as to include a provision for an order that the girl be provided care and protection by the court in a protective home or in the manner specified in section 19(2)1.

1. Para. 6.31.

Section 19(1A) (New)-interim custody- The insertion of a new section 19(1A) regarding the interim custody of the girl, pending an inquiry under section 19(1) is recommended.1

1. Para. 6.32.

Section 19(2)- Section 19(2) should be revised so as to include an inquiry by a Probation Officer into the personality, conditions of home and prospects of rehabilitation of the applicant, and the Magistrate may then order her to be kept in a protective home, corrective institution or under the supervision of such person as he appoints1.

Sections 21(1), 21(2), 21(3) and 21(8)- In section 21, sub-sections (1), (2), (3) and (8), dealing with protective homes, corrective institutions should be added2.

1. Para. 6.34.

2. Para. 6.40.

Section 21(9A)-Power to transfer inmates (New)-The insertion of a new sub-section (9A) in section 21, regarding power to transfer an inmate of a Protective Home to a corrective institution or vice versa1 is recommended.

1. Para. 6.43.

Section 22- The changes regarding the competent Magistrate should be made in section 22, so as to accord with the recommendations regarding section 21.

1. Para. 6.45.

Section 23(2)(b)- In section 23(2)(b) the words "where the women or girls are without a home" should be added after the words "sub-section (1) of section 10" in order to narrow down this part, regarding custody1.

1. Para. 7.2.

Section 23(2)(c)- The relevant portion of section 23(2)(c) should be revised in view of the proposed substitution of corrective institutions in section 10(2)1.

1. Paras. 7.3 and 7.6.

Section 23(2)(g)- The term "corrective institutions" should be added in section 23(2)(g), clauses (i), (v), (vii), (ix), (xiii) and (xv) and in clauses (xi) and (xii), wherever considered suitable.1

1. Para. 7.7.

Schedule of powers of Magistrates to be inserted- A schedule dealing with the powers of Magistrates should be inserted in the Act1.

1. Para. 7.9.

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