Annual Report - National Human Rights Commission

Annexure 12
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who encourages, facilitates, abets, connives, orders, tolerates or perpetuates commercial sexual
exploitation” (by any act of omission or commission). This additional clause will help in bringing
in ‘strict liability’ not only against those who mastermind trafficking, but also bring in
accountability among the law enforcement officials.
Section 8 ITPA
This section of the law which has been overwhelmingly used by all concerned for arrest and
conviction of trafficked women and children on the charge of ‘soliciting’. Therefore, this section
needs to be provided with additional safeguards in the form of a proviso to ensure that trafficked
victims of CSE are not arrested, prosecuted or convicted. There should be one proviso which
expressly states that a person under 18 years will not be liable at all under this section. A second
proviso, in the form of a saving clause to safeguard the interests of trafficked women, should
state that an adult woman would become liable only if it is proved beyond doubt that she was
soliciting voluntarily and without any coercion, threat, deceit, force, compulsion or intimidation.
Accordingly, the mens rea should be explicitly brought out in the proviso of Section 8 ITPA.
Section 8 has a proviso, authorizing a different type of punishment for men accused of the
offence. Many law enforcement officials have stated that a plain reading of the section gives an
impression that this provision has a strong gender bias - it gives lesser punishment to men. This
has to be set right in explicit terms, so that there is no discriminatory treatment of women.
Notification of the Special Police Officer
Section 13 (1) and 13(4) ITPA should have a proviso that the officer notified as Central Trafficking
Police Officer (CTPO) should be specially trained on women’s and children’s rights, human
rights and the principles of victimology. There should be mandatory training for the SPOs and
their supervisory ranks before they are put on the job. Every unit dealing with ITPA should have
a minimum of two SPOs, with at least 50 per cent being women police officials.
Section 13(3)(b)
This section should be amended, making it mandatory to notify the non-official advisory body.
Moreover the Advisory Body should be applicable to Section 13(1) and Section 13(4) ITPA.
The NGOs who are committed to anti-trafficking work should be incorporated into this body
and 50 per cent of the members should be women. The body should also include a lawyer
specialised in children’s/women’s rights, a child psychiatrist and/or a child counsel, trained in
the subject. If such specialised persons are not available, the district authority should be made
responsible for identifying appropriate persons and getting them training in counselling activities.
Considering the fact that the notification of the advisory body could be an instrument of community
participation in law enforcement, the Act should be amended in such a way that the District
Magistrate and/or the police chief of the district could be authorised to notify the advisory body.
Similarly, the CTPO should have the benefit of an advisory body. This body should also be
made mandatory. Since the CBI has been notified as CTPO, the Director CBI, in consultation
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