AMENDMENT TO IMMORAL TRAFFIC (PREVENTION) ACT, 1956

MINISTRY OF WOMEN AND CHILD DEVELOPMENT

BACKGROUND

• National Law School University of India, Bangalore was assigned to review ITPA, 1956

• Proposal submitted by National Law School was examined by National Commission for Women

• Recommendations of National Commission for Women was considered by Central Advisory Committee on Combating Child Prostitution

Major Amendments Proposed

Amendments to get ITPA in line with CRC & UN Optional Protocol on Trafficking

• Age of child raised from sixteen years to eighteen year

• Definition of ‘Trafficking in Persons’ for Commercial Sexual Exploitations included as per UN Protocol

• In-Camera proceedings in court cases to safeguard privacy of victims

Amendments for enhancing punishments for Traffickers, Brothel Keepers and Clients

• Imprisonment for a period of not less than 7 years and life imprisonment for second or subsequent conviction for trafficker

• Minimum punishment increased for managing brothel from one years imprisonment to two years imprisonment.

• Maximum fine increased from Rs. two thousand to Rs. Ten thousand for first conviction and Rs. two lakhs for second or subsequent convictions.

• Punishment including imprisonment and fine for clients visiting brothel.

• Confiscation of property of persons involved in trafficking in persons.

• Fine of Rs. one lakh for detaining any person in a premises where prostitution is carried on.

Deletion of Section 8 & 20

• Sec 8 which punishes victims for soliciting and Section 20 which removes prostitutes from any place are to be deleted.

• It is found that more cases under these sections are booked against victims which revictimises them, and allows traffickers, clients etc. to go scot free.

Setting up of Anti-Trafficking Nodal Authority

• Central Anti-Trafficking Nodal Authority, on the line of Narcotics Control Bureau at Centre, to be set up.

• State Authorities in States to be set up.

Points for action

• Sensitization of police and other agencies • Recruiting women police for trafficking, mahila

desks • State agencies to undertake special drives in

vulnerable areas • Improve performance of booking and convicting

traffickers• US Report on trafficking has placed India on

Watch List , Tier 2 embarrassment for the country

Points for discussion

• US Report has acknowledged efforts of MWCD in prevention and protection

• Need to fix targets for rescue and actual rescue• Networking and sharing of information between

sates which have vulnerable organ, transit and destination points

• Data base to be developed • Problems in repatriating to neighbor countries

BALIKA SAMRIDHI YOJANA

Launched in1997 with the objective of rising the overall status of the girl child

Aimed at bringing about a positive change in the family and community attitude towards girl child

Scheme revised in 1999

Covers up to two girl children born on or after 15th August 1997

Entitled to post-delivery grant of Rs. 500/- deposited in an interest bearing bank account and a scholarship ranging from Rs 300 to 1000 for each class of study successfully completed

CURRENT STATUS

No funds have been released in the last two years as a large amount of funds were lying unutilised with the States.

An evaluation study on the implementation of BSY has been entrusted to NIPCCD in eight major states.

A proposal to transfer the scheme to states is also under consideration in National Development Council.

Prevention of female foeticide

• Alarming decline in female sex ratio from 967(1961) to 927 in 2001 (0-6 years)

• affected States include Punjab, Haryana,etc • Misuse of PNDT Act and fetal sex determination • If trend continues women will become

endangered species; societal imbalances leading to polyandry etc

Steps to counter female feticide

• Effective implementation of PNDT Act • Notification of appropriate authorities in for

taking action against culprits • Wide spread awareness programmes on

importance and value of girl child • Cradle baby scheme• financial support to girl child like insurance

scheme

GENDER BUDGETING

Objectives :

• De-mystifying Gender Budgeting-Familiarization with the Concept and Approach

• Introducing Tools of Gender Budgeting

• Reviewing latest developments

• Evolving consensus on approach at Centre & State Level

• Formulating Strategy and Capacity Building

Gender Budgeting

• Concept

• Rationale

• Medium for socio-economic development

• Medium for introducing economic efficiency

• In action-Field level reports on Gender Budgeting initiatives

• Tools of Gender Budgeting

Gender Budgeting- a definition

“Gender budget initiatives analyse how governments raise and spend public money, with the aim of securing gender equality in decision-making about public resource allocation; and gender equality in the distribution of the impact of government budgets, both in their benefits and in their burdens. The impact of government budgets on the most disadvantaged groups of women is a focus of special attention.”

Thus Gender Budgeting is• An exercise to translate stated gender commitments

of the Government into budgetary commitments.– Strategy for ensuring Gender Sensitive Resource

Allocation and a tool for engendering macro economic policy

• Entails affirmative action for empowering women• Covers assessment of gender differential impact of

Government Budgets and policies (Revenue and Expenditure).– Enables Tracking and Allocating resources for women

empowerment– Opportunity to determine real value of resources

allocated to women

Gender commitments in the Indian context

• Constitutional Provisions

• Legal Framework

– Women Specific Laws

– Laws affecting Women• Policies- National Policy for Empowerment

of Women

• Women’s Component Plan

• Public Expenditure Programmes

Commitment in Budget 2005-06 Departments in Union Government to

Undertake review of Public Expenditure profile

Conduct beneficiary incidence analysisRecommend specific changes in

operational guidelines of schemes

from a gender perspective

Union Budget 2006-07 takes Gender Budgeting forward

• Allocation of Rs. 28,737 cr. for benefit of women

• Monetary incentive to encourage education of the girl child

• 24 Demand for grants in 18 Ministries and Departments

• Gender Auditing to be made mandatory from next year onwards

The Approach of MWCD to Gender

Budgeting • Not an accounting exercise• An ongoing process to keep gender perspective

in policy/ program formulation, implementation and review

• Extend gender based review at all levels of governance- Centre, State, District , town and village

• Public Sector Units and Autonomous Bodies and other beneficiaries of public expenditure are included.

• To Mainstream Gender Concerns

Holistic approach to Empowerment

Health& Nut.

Education

Water & San.

Skills

Technology Credit

PoliticalParticipation

Marketing

Asset base

Mission Statement-”Budgeting for

Gender Equity” Strategic Framework of Activities• Quantification of allocation of resources

for women

• Gender Audit of policies of the Government

• Impact assessment of various schemes in the Union and State budgets

• Analysis of schemes and policy initiatives and link them with impact on status of women related Macro Indicators

• Institutionalizing the generation and collection of gender dis-aggregated data

• Consultations and Capacity building

• Promotion of gender equity in participation of decision making

• Satellite Accounts

Approach and Dimensions of Strategy

• Empowerment has to be

–Holistic (Political, Social and Economic)

–Universal (equal opportunity and level playing field)

–Participative and Inclusive

Why Gender Mainstreaming ?

• Bulk of public expenditure and policy concerns in “gender neutral” sectors

• Women are bound to be impacted- gender differentials have to be recognized

• Efficiency lies in empowering women-the success of Karnataka

Gender Mainstreaming & its impact on socio-economic

development • Concept of gender mainstreaming

• Rationale of gender mainstreaming

• Sectoral issues in agriculture, industry, commerce, transport, power, finance, etc.

• Sectoral issues in social sectors like health, education, rural development, etc.

• Incorporation of gender concerns in major schemes of Government

Gender Mainstreaming covers

• Policies

• Programmes

• Budgetary allocations and Expenditure

• Outcomes and Benefit incidence

Gender Audit

Gender Mainstreaming targets larger percentage of budget and has a wider domain

Action Areas• Women availing services of public

utilities like road transport, power, water and sanitation, telecommunication etc.

• Training of women as highly skilled workers- top end skills

• Research/Technology for women

• Women in the work force

• Asset ownership by women

• Women as Entrepreneurs

Action Areas – cont. • Implementation of Laws like

– Equal remuneration– Minimum Wages – Factories Act

• Infrastructure for women like– Water and sanitation at workplace– Creches– Working Women Hostels– Transport services– Security

Gender Budgeting- an Action Plan

Tools of Gender Budgeting• Distinction between Budgeting and Budget

– Process and Results

Tools for the Process– Guidelines for Gender sensitive Review of Public

Expenditure and Policy– Preparation of Gender based profile of public

expenditure– Beneficiary Needs Assessment– Impact Analysis of public expenditure and policies-

• policy & programme design • change in quantum of allocation• implementation guidelines

– Beneficiary Incidence Analysis– Participative Budgeting

Macro levelGender Budgeting

Gender Based Profile of Public Expenditure- Situational Analysis/Benchmark

Enhancement in Allocation to meet Targeted outcomes for women

Monitoring Releases and Utilization of Funds and achievement of Physical Targets and outcomes

Re-prioritization in Allocations based on inputs from Micro level Gender Budgeting

Complete Budget

Sectors Sectors

Micro-level Planning

Spatial Mapping of Infrastructure (Water Sanitation, Electricity, Roads) & Employment Opportunities

Synergy in allocation of resources across

levels of governance, programmes

and Departments

Assessing gaps and identifying resources required

Universal Coverageand Access

Micro Level

Impact Assessment of Schemes/Programme/ Delivery of Services

Beneficiary Needs assessment at field level

Change in programme design/allocation/implementation

Convergence of services

Take in to account regional imbalances/

geographical constraints

Gender Analysis of State Budgets• Research Study – Decadal trend

Expenditure on Women's Development (Rs in cr.)

YEAR CENTRE STATES TOTALAMOUNT % AMOUNT % AMOUNT

1993-94 440.32 41 643.25 59 1083.57

1994-95 643.48 48 700.17 52 1343.65

1995-96 558.22 37 960.88 63 1519.09

1996-97 811.40 44 1050.35 56 1861.75

1997-98 893.60 43 1169.21 57 2062.81

1998-99 1178.17 47 1348.47 53 2526.64

1999-00 1382.04 50 1398.29 50 2780.33

2000-01 1550.80 48 1709.84 52 3260.63

2001-02 (RE) 1838.64 48 2031.73 52 3870.37

2002-03 (BE) 1507.59 41 2211.57 59 3719.16

Preliminary Findings• Higher percentage share of states in

expenditure on women• Expenditure on Health is largest

component• Broad trend reflects increase in expenditure• Wide annual fluctuations in many states• Some states reflect relatively less

expenditure compared with population of women

Chart 13--Trend of States' Expenditure on Women's Education and Training (Female population above 15 million and below 30 million)

0.00

10.00

20.00

30.00

40.00

50.00

Rs

in c

r.

28928245 MADHYA PRADESH 5.4431 6.0262 6.698 7.7902 8.3149 6.5936 11.3842 11.2071 13.443 15.1809

27091465 RAJASTHAN 16.6338 10.3242 13.0564 17.9549 17.1993 22.5086 25.2144 29.9866 37.873 33.4955

25877615 KARNATAKA 3.7651 5.3263 5.4352 5.1055 4.5338 4.9141 6.1177 5.7629 8.2269 9.2462

24252939 GUJARAT 21.787 25.0434 26.2497 28.8082 41.8782 34.1223 42.8521 41.5069 44.2918 45.7452

18094580 ORISSA 3.6096 10.3598 2.2783 2.5266 3.1221 4.0915 3.2921 3.6521 4.0694 4.5014

16369955 KERALA 2.9977 3.7227 3.9624 3.9842 4.3499 5.7047 10.2531 8.5622 7.7453 10.2256

1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-012001-02

(RE)2002-03

(BE) Female Population/ State

Activities of the Ministry

• Tools of Gender Budgeting• Dissemination of Concepts, Approach and Tools

through Workshops– At the Centre– At State level

• Setting up of Gender Budget cells- new areas like Telecom, Power, Petroleum, Heavy Industries

• Planning for Capacity Building in partnership with DOPT , LBSNAA, ASCI and other apex training institutes

• Consultations with Stakeholders

• Pursuit of Gender Concerns with various Ministries– Kerosene Subsidy– Interest Subsidy (Small savings schemes)– Health Insurance for women and children– Women and Girls in Sports– Engendering planning process and

outcome budgets– Carbon Emission Credits to fund

alternative sources of energy for women

Activity Map for 2006-07

• Follow up on action taken on priority sectors for women identified in State level Workshops

• Capacity Building in Administrative Cadres

• Coordinating with and support to Gender Budget cells in Ministries

Thank you

• 42 laws specifically related to women• ‘ Protection of women from Domestic Violence’

was notified on 16.9.2005• ‘ Prevention of Sexual Harrassment at

Workplace’ will be introduced in the Parliament• Amendment of Commission of Sati Prevention

Act,1987 & involvement of PRIs is under active consideration by MWCD

• Amendments to Immoral Traffic Prevention Act is being presented in the ensuing session of Parliament

• Amendments to Prevention of Child Marriage Bill, 2004 been put up for approval of Cabinet

• ‘ Compulsory Registration of Marriages’ Bill sent to Legislative Department

Thank You