NHRC, India
Suggestion: In the Introduction—“The word “especially women and children” should be removed
(‘especially women and children’ was not there in 2016 Bill), as existence of the same will prejudice the
mind of authorities, as if special emphasis has to be put on women and children only.
Chapter I: Preliminary
Section 2: Definitions
2.
Section 2 (3) [child]: “Child shall have the same meaning as assigned to it in Clause (12) of Section
2 of the Juvenile Justice (Care and Protection of Children) Act, 2015”.
Suggestion: The definition of ‘child’ should be mentioned — “Child” means a person who has not
completed 18 years of age.
3.
Section 2(7) [exploitation]: “Exploitation includes causing harm to or taking benefit of or gain
from a victim without due or appropriate consideration, compensation or return in any form or
manner for the benefit or gain of another person, who himself may or may not be the perpetrator
of such exploitation.”
Suggestions: The definition may be revised after victim, “Due to vulnerability be added as; [“exploitation”
includes causing of harm to or taking of benefit or gain from a victim “due to vulnerability” without due
or appropriate consideration, compensation or return in any form or manner for the benefit or gain of
another person, who himself may or may not be the perpetrator of such exploitation”]
4.
Section 2(8)[Magistrate]: “Magistrate means a District Magistrate, the Additional District
Magistrate, the Sub-Divisional Magistrate, or any other officer authorised by the appropriate
Government under this Act”.
Suggestion: The word ‘Magistrate’ defined in Section 2(8) of the present Bill should also include the
word ‘Judicial Magistrate or the Metropolitan Magistrate.
5.
Section 2(21)[rehabilitation]: “Rehabilitation shall include all processes of restoring the physical,
psychological and social well-being of a victim, and includes protection, access to education, skill
development, healthcare, psychological and physiological support, medical services, economic
empowerment, legal aid and assistance, safe and secure accommodation.”
Suggestion: after the word ‘and includes’, ‘just and fair compensation’ be added; [‘rehabilitation’ shall
include all processes of restoring the physical, psychological and social well-being of a victim, and
includes, “just and fair compensation”, protection, access to education, skill development, healthcare,
psychological and physiological support, medical services, economic empowerment, legal aid and
assistance, safe and secure accommodation.]
6.
Section 2(30): “Words and expressions used but not defined in this Act, but defined in the Indian
Penal Code, 1860, the National Investigation Agency Act, 2008, the Information Technology Act,
2000, shall have the same meanings respectively assigned to them in those Acts.”
Suggestions: The names of the Acts Immoral Traffic (Prevention) Act 1956, The Bonded Labour System
(Abolition) Act 1976, Juvenile Justice (Care and Protection of Children) Act, 2015 and other relevant
ANNUAL REPORT
113
2021-22
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