Report No. 64

5.36. Section 9-Amendment recommended.- We now come to section 9, which reads-

"9(1). Any person who, having the custody, charge or care of any woman or girl, causes or aids or abets the seduction for prostitution of that woman or girl shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years, and also with fine which may extend to one thousand rupees.

(2) In the event of a second or subsequent conviction of an offence under this section a person shall be punishable with imprisonment which may extent to five years and also with a fine which may extend to one thousand rupees."

It has been suggested1 that in section 9, after the words "having the custody, charge or care of" the words "or a position of authority over ", be added. The phrase proposed to be added is considered to be a modern need in legislation of this nature, as employers or their agents exercise immoral influence and induce girls to participate in organised commercial vice occasionally. With the provision as it exists, a very large number of offenders are fined. They have to work harder to pay the fine, and the remedy defeats the purpose. "A tolerated system of prostitution with the State realising revenue from the same through fines comes into existence." It is stated that such a development should not be allowed, and we should provide for a scientific correctional approach.

1. Suggestion of the Central Bureau of Correctional Services.