Annual Report - National Human Rights Commission

Annexure 10
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1. Section 4 and 6 of ITPA can be used against traffickers, brothel keepers, landlords,
pimps, etc.
2. Section 7 of ITPA and Section 145(b) of the Indian Railway Act in order to bring the
customers to book.
3. Sec 14 (ii) of ITPA, which pertains to delegation of powers of the special police officer to
an officer of subordinate rank through a written order, as special police officer are not
available in rural and moffusil areas.
4. Sections 22-A and 22-AA of ITPA with regard to establishment of Special Courts and
appointment of panel of social workers to assist the police under Section 13(3)(b) and the
judiciary under Section 17(5) in deciding cases.
5. With regard to the problem of finding reliable panchas (who do not later turn hostile in
court), especially women panchas in ITPA cases, a suggestion was made to involve
government officers who can be used as panchas, as their chances of turning hostile
are less.
The following Sections may be suitably amended or new Sections introduced:
1. Need to revise/amend State rules of ITPA, as these have not been revised (in most States)
ever since the Act was first passed in 1956. An exercise needs to be undertaken to
formulate Model Rules in this connection, along the lines of the JJ Act Model Rules, in
consultation with the State Governments.
2. Section 18 of ITPA, which deals with complete closure of brothels and eviction of
offenders from the premises where prostitution is being carried out. This Section may be
amended to include a clause regarding forfeiture of property along the lines of Chapter V
(A) of NDPS Act. Along with order for closure of brothel, the magistrate may be
empowered to pass orders for forfeiting such property especially in cases of repeated
offenders under Sections 3, 4, 7 (2) of ITPA. The onus of proof should be on the accused
to prove that such property has not been acquired through living off the proceeds of
prostitution or that such property being used as a brothel does not belong to him or was
without his knowledge or consent. Also, if this power, which currently vests with the
Commissioner of Police, is conferred on DCP or suitable officer of lower rank, then
follow-up will become easier.
3. Section 20 of ITPA, which is currently being used against the woman in prostitution, to
remove her from the area, may be amended to apply to brothel keepers, pimps, managers,
etc. where s/he can be asked by the magistrate to remove her/himself from the area and
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