Annual Report - National Human Rights Commission

Annexure 12
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professional techniques of investigation, and scientific tools of carrying out investigation and
dealing with human beings. It would be ideal to involve not only professional agencies but
also NGOs working on the anti-trafficking front in formulating training modules and carrying
out training programmes. It is also essential that proper post-training evaluation is carried out
to understand the effects of training and to upgrade/change the modules and programmes
accordingly.
Special Courts
The ITPA provides for establishment of special courts not only by the state governments but
also by the central government. However, the latter has never been invoked and the former has
been minimally implemented. The concerned government departments should take initiatives in
setting up special courts, and preferably exclusive courts, to deal with the trial of offences under
ITPA, so that justice can be delivered expeditiously.
Role of DWCD in Monitoring
ITPA is a social legislation. Since it comes under the purview of DWCD, there is a need to
monitor the implementation of this legislation by the latter. It is an irony that DWCD is not even
a party to the several fora where such crimes are discussed, as for example, the annual conference
of the police chiefs of the states, organized by the MHA. The violation of women’s rights and
child rights has to be prevented and set right. This calls for an active involvement of DWCD not
only in monitoring of the facts and figures regarding the implementation of ITPA and other
similar legislations, but also in developing a working partnership between law enforcement
agencies, welfare and developmental departments, NGOs etc.
Suggested Changes in ITPA
The Immoral Traffic (Prevention) Act, 1956 (ITPA) was initially known as the Suppression
of Immoral Traffic Act, 1956 (SITA). It underwent certain changes in 1978. However, taking
into consideration international and national developments, the necessity of shifting the
focus of the law from suppression to prevention was felt. Accordingly, the legislation
underwent major changes in the title and content, giving rise to ITPA, 1956. During this
research, several efforts were made to have a practical understanding and a social audit of
this legislation. While interviewing police officials, survivors, exploiters, etc., their opinion
on the issue was sought. A focus group discussion (FGD) was arranged with judicial officers
serving in the district courts. This FGD was made possible by the NHRC. In addition, the
NST participated in several training programmes of judicial officers held in different parts
of the country. The interactive sessions threw up several points on law and law enforcement.
Thereafter, FGDs were held at ISS with lawyers from Delhi and Mumbai who are specifically
working on ITPA. All the above-mentioned activities facilitated the detailed understanding
of the provision and implementation of ITPA. In addition, the literature on the subject was
also reviewed. The National Law School University, Bangalore, had prepared two sets of
alternative draft legislations. The analytical articles and critical comments by eminent jurists
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