Annual Report - National Human Rights Commission

Annexure 12
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
Section 19
It relates to the application by a person seeking permission for being kept in a protective home.
This section may be amended to authorise NGOs, or an advocate or any person working for the
cause of victims of exploitation, to file such an application.
Section 21
The state governments are authorized under this section to set up protective homes. The mandate
for setting up such homes may also be extended to “the appropriate authority” constituted under
the JJ Act, 2000.
Moreover in this section, after the word “establish”, the following words may also be added: “or
recognize”. Wherever the government is unable to accomplish the task, recognition could be
granted to appropriate agencies to do the needful.
Section 22 (A), Section 22 (AA) and Section 22 (B)
These may be amended to raise the level of the courts dealing with ITPA to the court of additional
sessions judge. The schedules attached to ITPA should also be changed accordingly. Appointment
of special judicial officers could be considered. These could be exclusive courts dealing with
ITPA and all related offences.
Developing a Code
The Act authorizes the central and state governments to set up special courts under Section
22AA. However, it does not speak about procedures. Victim-friendly procedures have to be
made part of the law, by developing it into a code, as stated earlier. It would be advisable that the
code takes into account all the relevant points discussed in this chapter.
Extraterritorial Legislation
Trafficking in women and children is a crime which often transcends international boundaries
calling for universal jurisdiction and, therefore, it cannot be inconsistent with the condition of
jurisdictional limitations arising out of the nationality of the offender. In accordance with the
provisions of the UN Trafficking Protocol as well as the optional protocol to the CRC, there is a
need for extraterritorial legislation. An offence under this Act should have a universal jurisdiction.
A crime by anybody in India should be made triable in the country he/she belongs to, subject to
the doctrine of dual criminality. Similarly, any crime under this law, if committed by an Indian
national anywhere in the world, will be deemed to be an offence under this law and should be
tried by any court in India (which is otherwise authorised to try an offence under this Act).
Victim Assistance Programmes
The law should have specific Victim Assistance Programmes. The principles of criminal justice
begin with the victims and survivors. In the present system, the emphasis and orientation is only
on the prosecution of the accused and not on justice delivery to the victims or her family members.
National Human Rights Commission Annual Report - 2004-2005
299
AR-Chapter-1-19-10-6-06.p65
319
7/17/06, 6:31 PM