NHRC, India
Suggestion: The protection homes should be mandated to provide quarterly reports on actions taken for
deinstitutionalisation and community-based rehabilitation in the spirit of the JJ Act 2015.
Chapter VIII: Offences and Penalties
13.
Section 26(4) [Punishment for aggravated form of trafficking in persons]: “Where a person is
convicted of an offence under this section against a child of less than twelve years of age, or
against a woman for the purpose of repeated rape, the person shall be punished with rigorous
imprisonment for twenty years, but which may extend to life, or in case of second or subsequent
conviction with death, and with fine, which may extend up to thirty lakh rupees.”
Suggestion: This clause may be revised by adding “may be” before “death”; “Where a person is convicted
of an offence under this section against a child of less than twelve years of age, or against a woman for
the purpose of repeated rape, the person shall be punished with rigorous imprisonment fortwenty years,
but which may extend to life, or in case of second or subsequent conviction may be with death, and with
fine which may extend up to thirty lakh rupees.”
Chapter X: Miscellaneous
14.
Section 45(5) [Recording of evidence of trafficked person]: “Notwithstanding anything contained
in this Act, the inquiry into and trial of offences under this Act may be conducted in camera if an
application is made in this regard by or on behalf of the victim.”
Suggestion: This section stipulates that all trials may be ‘in camera’ if an application is made on behalf
of the victim. There is need for a specific statement that concerning children all trials will be ‘in camera’,
irrespective of an application being made on their behalf.
Chapter XI: Amendment of Certain Enactments
15.
Section 58— Regarding inclusion of Section 370 and 370 A of IPC in the Prevention of Money
Laundering Act, 2002.
Suggestion: Section 58 of the Bill should be deleted.
16.
Section 59— Regarding deletion of Section 370 and 370 A from IPC.
Suggestion: Section 59 of the Bill should be deleted.
K.
Rights of elderly persons
7.112 Population ageing is an inevitable and irreversible demographic reality that is associated with
welcome improvements in health and medical care. With longevity and declining fertility rates,
the population of older persons (60 years and above) is globally growing faster than the general
population. When populations age rapidly, governments are often caught unprepared to face and
mitigate the consequences. Three key demographic changes—declining fertility, reduction in
mortality and increasing survival at older ages—contribute to population ageing that are reflected
in a shift in the age structure from young to old.
ANNUAL REPORT
115
2021-22
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