Legislations

No 1 -Immoral Traffic (Prevention) Act, 1956

Summary : Primary legislation for the prevention of sexual exploitation for women and girls

Punishment for keeping a brothel or allowing premises to be used as a brothel

Punishment for living on the earnings of prostitution

Punishment for procuring. inducing or taking person for the sake of prostitution

Detaining a person in premises where prostitution is Carried on

No 2 -Information Technology Act 2000

Summary : The act penalises transmission of any such material in eiectronic form which is inappropriate and lascivious. This act also addresses the problem of pornography.

Section 67/t. Punisher publication or transmission of material containing sexually explicit acts in electronic form.

Section 68B- Punishes publication or Transmission of material depicting children in sexual explicit act in electronic Form.

N 0 . 3 -Prohibition Of Child Marriage Act, 2006

Summary : The marriageable age for a female is 18 years and for a male, it is al years. A decree of nullity can be obtained by a girl who has entered into a child marriage within 2 years of attaining the age of 18 years

Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.

Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend mane lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.

N 0 . 4 -Protection Of Children From Sexual Offenses Act (POCSO), 2012

Summary : In order to effectively adress the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development of Children from Sexual Offences( POCSO) Act, 2012

Penetrative Sexual Assault(Section 3) on a child -Not less than ten years which may extend to imprisonment for life, and fine (section 4).

Aggravated Penetrative Sexual Assault (Section 5) -Not less than twenty years which may extend to imprisonment for life, and fine (section 6)

Sexual Assault (Section 7) i.e. sexual contact without penetration -Not less than three years which may extend to five years, and fine (Section 8)

Aggravated Sexual Assault(Section 9) by a person in authority - Not less than five years which may extend to seven years, and fine (section 10)

Sexual Harassment of the Child (section 11) -Three years and fine (Section 12)

Use of Child for Pornographic Purposes (section 14) -Not less than Five Years and fie and in the even of subsequent conviction, seven years and fine Section 14(1)*.

The above mentioned are only same of the many punishable offences listed under POCSO

N 0 . 5 -Juvenile Justice (Care And Protection Of Children) Act 2015

Summary : provides the criminal responsibility, the age of xriminal majority starts from the age of 16 to 18 years whosoever commits a serious offence. Thus, also atteracts a minimum 7 years of imprisonment

A person giving alchol or drugs to a child shall be punished with 7years imprison and/or ₹100,000 fine.

Corporal punishment will be punishable by ₹50,000 or 3 years of imprisonment

A person selling a child will be fined with ₹100,000 and imprisoned for 5years

N 0 . 6 -Child Labour (Prohibition And Regulation) Ammendment Act 2016

Summary : An Act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.

Anyone who employs a child or adolescent or permits him/tier to work without following the regulations mentioned in this Act, can be imprisoned from six months to two years or fined between Rs. 20,000 and Rs. 50,000. or both

A person who has been convicted of a similar offence before can be imprisoned for 1 -3 years.

The parents or guardians of children or adolescents thus employed cannot be punished unless they violate the regulations mentioned in these Acts.

N 0 . 7 -The Trafficking Of Persons (Prevention, Protection And Rehabilitation) Bill 2018

The Bill punishes an owner or lessor of a premise if he knowingly allows trafficking to be carried out on the premise. Under the Bill. the owner or lessor is presumed to have knowledge of the offence, unless they can prove otherwise. This provision may violate Article at of the Constitution.

The Bill provides for punishment of persons who distributes publish material which may lead to trafficking. It is unclear as to how it will be determined if the act is likely to result in trafficking

The Bill classifies: certain forms of trafficking as 'aggravated', which attract a higher punishment than other forms. Therefore, the punishment for some of the aggravated offences such as begging is higher than the punishment for some other offences such as slavery

The Bill creates a law for investigation of all types of trafficking. and rescue, protection and rehabilitation of trafficked victims