Article(s) of the CEDAW
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
(f) prostitution10 - sexual exploitation or abuse of a person for
commercial purposes.
S.3: Keeping a brothel or allowing premises to be used as a brothel
is punishable by law.11
S.5: Whosoever procures or takes a person for the sake of
prostitution shall be punished with imprisonment up to three years
and may also be fined up to two thousand rupees.12
S.7: Any person who carries on prostitution in or in the vicinity of a
public place shall be punishable with imprisonment for a maximum
term of three months.13
S.9: Any person who aids or abets the seduction of a person for
prostitution is punishable with imprisonment for not less than seven
years up to life.14
S.21: The State Government has the power to establish and
maintain as many Protective Homes or corrective institutions in
accordance with the license issued under this section.15
S.22A: The State Government has the power to establish Special
Courts if it finds it necessary for the purpose of providing speedy
trial.16
3. Bonded Labour System (Abolition) Act, 1976
S.2:
(e) bonded labour17: Any labour rendered under the bonded labour
system.
(f) bonded labourer18: A bonded labourer who incurs or has or is
21
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
R3: Provision for periodic
monitoring and social audits
of the Protective Homes
should be incorporated in the
Act so as to check incidents
of sexual abuse and violence
and ensure communitybased rehabilitation through
skill development and
employability of the victims.
G4: The ITPA does not
address the issue of
trafficking for the purpose
of bonded labour. Further,
it does not provide for
the survivors to register a
case of trafficking for the
purpose of bonded labour
thereby depriving them of
compensation as per the
Bonded Labour Act. (CEDAW
A.6)
R4: Trafficking for the
purpose of forced labour
should be linked with the
BL Act as it would ensure