Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
persons, by -
eighteen years. (CEDAW A.6)
firstly, - …
R2: ‘Victim’ should be
defined in the ITPA and the
definition of ‘Victim’ as
provided U/s 2(wa) of Cr
PC may be followed. While
the definition of ‘child’ as
provided U/s 2(12) JJ Act,
2015 i.e. a ‘child means
a person who has not
completed 18 years of age
should be uniformly followed
both for child and minor in
the ITPA.
secondly, - …
thirdly, - …
fourthly, - …
fifthly, - …
sixthly, - ...
S.370A: Exploitation of a Trafficked Person6 :
(1) Whoever believes that a minor has been trafficked, engages
such a minor for sexual exploitation shall be punished.
(2) Whoever has reasons to believe that a person has been
trafficked, engages such a person for sexual exploitation shall be
punished.
2.
The Immoral Traffic (Prevention) Act (ITPA), 1956:
This Act makes trafficking and sexual exploitation of persons for
commercial purposes a punishable offence.
S.2:
(a) brothel9 - A place used for the purpose of sexual exploitation for
the gain of another.
(aa) child10 - A person who has not completed the age of sixteen
years.
(cb) minor11 - a person, who has completed the age of sixteen years
but has not completed the age of eighteen years.
20
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
Convention on the Elimination of All Forms of Discrimination Against Women
G3: Protective Home,
U/s 21 of the ITPA and
other provisions do not
provide for monitoring
of such homes. Further,
the Act does not provide
for community-based
rehabilitation measures
like skill development and
employability on a long
term basis for the trafficked
victims.(CEDAW A.6)