Annual Report - National Human Rights Commission

Annexure 12
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with the NCW Chairperson, could be authorized to notify appropriate NGOs in this body. This
study has shown that best results are achieved only when there is an effective partnership between
the police and NGOs. Therefore, all rescue operations, especially u/s 15 and 16 ITPA, should
necessarily involve NGOs or social activists, duly notified u/s 13(3)(b) ITPA.
Section 15(4)
It authorizes the special police officer to remove all persons found in brothels, etc. and other
places where commercial sexual exploitation is carried out. There should be a proviso added to
this section as below:
The police officer should ensure that while doing so, the rights of the persons being removed, including
those of their children or wards, if any, are protected against any violation whatsoever. After removal,
the police officer should ensure that the rescued persons and their children/wards, if any, are given
appropriate security and shelter so that the rights of these persons are protected and are not violated by
the exploiters or other accused or anybody else.
Section 15(5A)
This provides for mandatory medical examination of the rescued person for ascertaining, inter
alia, the presence of any sexually transmitted diseases. Considering the fact that the person has
a right to decide whether he/she should be subjected to HIV/AIDS test, which has been ratified
by recent Supreme Court rulings, this provision appears to be counter to the provisions u/s 15
(5A). Therefore, considering the human rights perspective, there is a need to make appropriate
changes in this section.
Time-frame for Medical Examination and Reports
In section 15(5A), which deals with medical examination of all rescued persons for the
determination of age, injury, sexual abuse and HIV/AIDS, a proviso could be added that it will
be incumbent upon the doctor(s) to carry out all tests without any loss of time and to hand over
the medical report to the investigating police officer within three days of medical examination.
The members of the advisory body under Section 13(3)(b) and the person whose medical
examination was done, or anybody acting on behalf of the person, should have a right to know
the contents of the medical report and if there is any dispute, the investigating officer should
immediately approach the civil surgeon or anybody acting on his behalf, get a medical board
constituted and get the person medically examined at the earliest. These aspects need to be
incorporated in the law.
Pre-emptive Custody
A subsection should be added to Section 15 ITPA to provide for rescue and rehabilitation of all
women and children who are vulnerable (JJ Act provides the same only for children under 18
years of age). Justice V R Krishna Iyer says, “Many girls who have not yet slipped in the circle
of vice but are perilously hovering around it and are gravitating towards the flesh business, may
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