UNICEF released the State of the World’s Children 2016 Report

UNICEF released the State of the World’s Children 2016 Report
Shilpika Srivastava

The United Nations Children’s Emergency Fund (UNICEF) on 28 June 2016 released the State of the World’s Children 2016 report. The data in the report show that, unless the pace of progress to reach them is accelerated, the futures of millions of disadvantaged and vulnerable children will be jeopardized.

Key highlights of the State of the World’s Children 2016 report

• The report mentions that unless the world focuses more on the plight of its most disadvantaged children, by 2030: Almost 70 million children may die before reaching their fifth birthdays. Children in sub-Saharan Africa will be 10 times more likely to die before their fifth birthdays than children in high-income countries. Nine out of 10 children living in extreme poverty will live in sub-Saharan Africa. More than 60 million primary school-aged children will be out of school. Some 750 million women will have been married as children.

• The report also indicates that significant progress has been made in saving children’s lives, getting children into school and lifting people out of poverty.

• Global under-five mortality rates have been more than halved since 1990.

• Boys and girls attend primary school in equal numbers in 129 countries.

• The number of people living in extreme poverty worldwide is almost half what it was in the 1990s.

• The number of children who do not attend school has increased since 2011. A significant proportion of those who do go to school are not learning.

• About 124 million children today do not go to primary and lower-secondary school. Almost 2 in 5, who do finish primary school, have not learned how to read, write or do simple arithmetic.

• The report also points that investing in the most vulnerable children can yield immediate and long-term benefits. For example, cash transfers have been shown to help children stay in school longer and advance to higher levels of education.

• For each additional year of schooling completed, on average, by young adults in a country, country’s poverty rates fall by 9 per cent.

India in the report

• The report states that five countries will account for more than half of the global burden of under-five deaths. These countries are India (17 per cent), Nigeria (15 per cent), Pakistan (8 per cent), the Democratic Republic of the Congo (7 per cent) and Angola (5 per cent).

• The average annual rate of reduction in neonatal mortality required for India to reach the target is almost double the current level.

• In India, being born into the poorest households carries a learning ‘penalty’ relative to children from the richest households. The penalty widens between ages 7 and 11, reaching a 19 per cent gap in students’ ability to subtract.
• By age 11 in India, girls and boys who come from the richest homes and have educated parents enjoy a huge academic advantage over other children.

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World Economic Forum released the Human Capital Report 2016

World Economic Forum released the Human Capital Report 2016
Shilpika Srivastava

The World Economic Forum (WEF) on 28 June 2016 released the Human Capital Report 2016.

The WEF prepared the report in collaboration with Mercer, an American global human resource and related financial services consulting firm.
The report presents an analysis by focusing on a number of key issues that can support better design of education policy and future workforce planning. The Human Capital Index 2016 ranks 130 countries on how well they are developing and deploying their human capital potential.

Top ten Countries in the Human Capital Index are:

Finland (1)
Norway (2)
Switzerland (3)
Japan (4)
Sweden (5)
New Zealand (6)
Denmark (7)
The Netherlands (8)
Canada (9)
Belgium (10)

Bottom ten Countries in the Human Capital Index are:

Lesotho (121)
Senega (122)
Côte d’Ivoire (123)
Burundi (124)
Guinea (125)
Mali (126)
Nigeria (127)
Chad (128)
Yemen (129)
Mauritania (130)

India’s position in the Human Capital Index

• India occupied the 105th position among the 130 countries surveyed in the Index. In 2015, India’s position was 100th among the 124 countries surveyed in the Index.
• In the Asia-Pacific region, it is placed behind Sri Lanka (50), China (71), Indonesia (72), Iran (85), Bhutan (91) and Bangladesh (104).
• India has secured 62nd, 98th, 106th, 119th and 120th position in the 0 to 14, 15 to 24, 25 to 54, 55 to 64, and 65 and Over categories respectively.
• It has also ranked poorly on labour force participation. However, it received solid rankings on Quality of education system, Staff training and Ease of finding skilled employees indicators.

About the report

The Human Capital Index assesses Learning and Employment outcomes on a scale from 0 (worst) to 100 (best) across five distinct age groups to capture the full demographic profile of a country:
• 0 to 14 years: The youngest members of the population for whom education is assessed among the most critical factors
• 15 to 24 years: Youth for whom factors such as higher education and skills use in the workplace are assessed
• 25 to 54 years: The bulk of the labour force, for whom continued learning and employment quality are assessed
• 55 to 64 years: The most senior members of most workforces for whom attainment and continued engagement are assessed
• 65 and Over: The oldest members of the population, for whom both continued opportunity and health are assessed

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10 activists changing lives for disabled people around the world

Campaigning for human rights at the UN

Gertrude Oforiwa Fefoame, Sightsavers, Ghana

When I saw I was nominated to be elected on to the UN committee for the rights of persons with disabilities, I felt so proud. Though I’m disappointed not to be elected, I’ve learned so much from the process. As a young girl in Ghana I started having a progressive sight loss. I had to write my exams with a small hand magnifying lens that could take just three letters at a time. Nobody knew how the future was going to be. I went to a school for the blind, wanting to become a teacher for students with special educational needs. But as soon as I entered the school, people said: “You are at a school for the blind, what a pity, you are doomed!” For myself, I didn’t see a change. I didn’t think I had become a different person. Now there is so much hope around. I’m more motivated, more energised as each day goes by. In Ghana there is now a minister who has a disability, but other activists are not prioritising the disability issue enough. Why do we have to remind people all the time that there is a reasonable percentage of the community who have disability? AL

Supporting people with albinism

Peter Ogik, chair of the Source of the Nile Union of Persons with Albinism, Uganda

There is much stigma attached to albinism. I was was the first person to be born with albinism in our family, and in the whole community. Most people didn’t want to be associated with us because they used to say I was a curse. It became a hard life. But I went to university and tried to show how people with albinism can make change in communities, and how they can look after their skins (98% of people with albinism have skin cancer and die before reaching age of 40). I wanted to become an activist for the voiceless and show the potential of people with disabilities. I know this work is not easy, but what gives me hope is that at least we have started changing their attitudes. I do awareness-raising through music, entertainment, documentaries and I’m organising an international albinism event to try washing away the myth. After all, it’s just a skin that is missing the colour, but we have the potential to do everything. NL

Advocating for the rights of people with disabilities

Silvia Quan, lawyer and activist, Guatemala

There are still many challenges for disabled people in Guatemala. I faced a lot of discrimination when I acquired my visual impairment as a student in the early 1990s. I tried several times to find a job, and I was always rejected because when I showed up for the interview people just saw that I was blind and would not even try to interview me. I was so frustrated and thought people with disabilities would be facing similar and even worse types of discrimination. That’s why I started getting involved in human rights. Guatemala is very poor country, and services are not widespread or good quality. I got involved in the disability field more than 20 years ago, but when it comes to inclusion we are almost at the same spot. Dealing day to day with human rights violations and trying to change people’s lives by having those violations be subjected to the justice system really is something I feel very satisfied by. Even if I changed one or two lives I feel that was important. I would like people with disabilities not seen with pity, but as equal participants in society. NL

Challenging employer discrimination in Kenya

Changing perceptions in society takes a lot of time, and it requires you to form allies. At Action Network for the Disabled, we go directly to human resource managers and explain different types of disability to them so that they can be aware. That works because it is mostly lack of information that makes people not hire people with disabilities. People were saying that it’s hard to find individuals with disabilities who are qualified, so we took this as a challenge and have now formed an online portal, Riziki Source, where persons with disabilities register and state their qualifications and which type of a job they are looking for. On the same portal an employer can sign in and we can match them with three or four CVs. There is a tendency for people to think that people with disabilities are looking for charity, that we always want to be helped. But that’s really not the case. People just want to be given the same opportunities as their sisters and brothers. AL

Getting young disabled people into work

Bahati Satir Omar, Uwezo, Rwanda

I run an organisation that empowers children with disabilities in Rwanda called Uwezo Youth Empowerment.  I was graduating from high school and thought I would become a doctor, but all of a sudden I lost my sight and I couldn’t join university immediately. I thought that I would end up begging on the street. But then I went to school for six months to learn how to read and write braille. In one year I was up on my feet again and then I learned about blind life and how I could help. I started different events around the country and in the region on disability rights awareness and promotion. Our first project was supporting youth with disabilities to secure employment through six-month paid internships. We have put around 45 youth with disabilities into internships. Today, in only a year and a half, 20 of them are employed. As an activist, I feel there is much need to be done in mainstreaming disability in all national, regional and global development programmes by setting clear and financed disability related indicators. All our hopes are now directed to the SDGs trusting that no one will be left behind. AL

Providing support for victims of conflict

In many conflict, or post-conflict countries, people with disabilities are seen as a burden to their families and society. That was very extreme in Afghanistan during the Taliban regime. I stepped on a landmine and lost my legs when I was 13. It took me about six months to recover, and I then started to learn about disabilities – the rights, the services – and I’ve been involved in advocating for the rights for people with disabilities ever since. I used to face discrimination – for example, I went to university and one of the principles of Kabul university told me: “You’re disabled, why would you like to study?” That was tough. But in 2007 I founded an NGO called Afghan Landmine Survivors’ Organisation with a couple of friends. This self-help group was the only association of people with disabilities in Afghanistan. I wanted to provide peer support, because I’m convinced it’s one of the best ways to provide psychosocial support for people with disabilities. Hundreds of people have been supported so far. My hope is that needs and rights of disabled people should be counted as one of the national priorities. That will slowly change the behaviour and perception of all people with disabilities in Afghanistan. NL

Pushing for inclusive education

I’ve worked on a number of rights issues and now, with Light for the World, I advocate and promote the rights of people with disabilities, including inclusive education. Once children get the right to education, they can demand the right to employment, transportation and other basic rights. I lost my eyesight when I was five. Being blind in a poor and rural part of Ethiopia was not without its challenges, but I also think it was my opportunity. I joined a special boarding school for the blind that was about 800km away from home, before joining a mainstream school when I was 11 years old. This world belongs to all of us and we all deserve to be treated equally. Children with disabilities aren’t the only ones who benefit from inclusive education, everyone in the classroom does. There are a lot of assumptions about people with disabilities; many people think about the one disability and forget about the 99 abilities a disabled person has. But in my life, I have seen change happening. It gives me hope that people understand that equality doesn’t mean sameness. I think the more challenges we have, the more innovative minds there will be to tackle them better. I believe that one day we will have a world for all. KP

Raising awareness about deafblind people in India

It’s a shame to think that the outside world will take many more years to ensure that information is accessible for deafblind people. Technology is the key, and I use my computer and mobile phone to communicate all over the world. But here in India new challenges keep coming up and all too often changing technology is not accessible. For me, understanding anything has been much more difficult because of a lack of information in an accessible format. Tactile sign language is essential and all my colleagues have learned it to be able to communicate with me. It’s frustrating that our government’s response to our advocacy has not been very encouraging. There are no initiatives to create awareness about deafblindness, and we still do not have any government data on how many deafblind people are in our country. We have been successful to ensure deafblindness is included as a distinct disability in the draft national disability bill, but it was drafted in 2011 and we still await its fate in parliament. My achievement in life gives me hope for all other deafblind friends. I want to encourage them through my experience of overcoming challenges to get recognised, communicate, participate and contribute. We deserve what everybody else is entitled to and we must raise our voice to ensure that. AL

Changing mindsets in India

A turning point in my career was when I realised that my boss, who I had only met virtually, was paralysed all the time I had known him. That made me think about how I could use technology to benefit people with disabilities. The most challenging part so far has been working with the government of India to ensure that they understand the need. It is an ongoing battle. The proudest moment for me was when Maharashtra state made it compulsory for every department to have a scheme for procuring disability access products and websites should be disabled friendly. The mindset of the people is something that frustrates me. We have about 100 million people with disabilities in India but the industry hasn’t yet accepted accessibility as a solution. Most companies only cater to the needs if it’s a mandate. We need to build an inclusive world where every person has access to everything. People need to change their attitudes. AL

Fighting for inclusivity on a global scale

There is a social stigma in Bangladesh that creates a lot of problems for all people with disabilities, especially children. I completed my master’s in economics and then applied for public service jobs, but I was denied work because in Bangladesh people with disabilities were not allowed in the service. For ADD International in Bangladesh, I worked with people with disabilities in rural areas, visited their homes to try to understand their stigma, and then we created a programme to change these attitudes. We worked with the government to ratify the convention of the rights of persons with disabilities, and that was a turning point at a national and local level. Now the SDGs have been adapted to be inclusive, so in the next 15 years all will change – only 10% of children with disabilities were enrolled in school during the MDG period. I want children with disabilities to go to schools that are accessible, with teachers who are properly trained, so in the future they can be educated and treated well at every level of society, and their disability will not be a factor of their lives. NL


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Gender & Disability

WOMEN with disabilities face triple discrimination the world over on the basis of disability, gender and poverty. They are the most marginalised of all population groups including men with disabilities. The negative stereotyping of women with disabilities puts them at greater physical risk as they are exposed to neglect, emotional abuse, domestic violence and rape.
According to the Washington Coalition of Sexual Assault Programmes, 83pc of women with disabilities will be sexually assaulted in their lifetime, while the Centre for the Study of Violence and Reconciliation in South Africa reports that these women are less able to escape abusive caregivers.
The 2011 World Report on Disability indicates that the global female disability prevalence rate is higher at 19.2pc against 12pc for men because women are discriminated against since birth in terms of nutrition, immunisation and medical interventions. The global literacy rate for women with disabilities is 1pc with only 20pc of them getting any rehabilitation services. They are paid less than their male counterparts at work, given fewer loans for education or self-employment, and face stronger barriers in accessing vocational training, leisure facilities and justice.
With these global givens, it is not surprising that in Pakistan where being female itself is debilitating, women with disabilities live at the very peripheries of society, differentiated and unequalised by a culture that is patriarchal, religiously obscurantist and anti-women. The family, community, institutions and the state — the touchstones of human civilisation — are arrayed against them. Seventy per cent live in rural areas in the most appalling conditions where even provision of rehab services and assistive devices is discriminatory, making everyday living a challenge in itself.
Disabled women languish in the darkest corners.

Disability should not be a stigma, but accepted as a natural human condition by all the protagonists — people with disabilities, families, communities, civil society and the government. Last year, Madeline Stuart became the world’s first model with Down’s syndrome to appear on the catwalk at the New York Fashion Week. Television channels and social media networks should use social marketing to influence social behaviours and raise awareness about disability in collaboration with educational institutions, while women’s groups should initiate membership drives focusing on women with disabilities in order to empower them.
A great deal of work has been done at the international level under the aegis of the UN to create a comprehensive legislative and policy framework for a rights-based and barrier-free inclusive society.
Apart from the UN Convention on the Rights of Persons with Disabilities, ESCAP has taken a number of initiatives, among which are the Biwako Millennium Framework for Action and Biwako Plus Five, the Bali Declaration adopted by Asean, the Busan Partnership for Effective Development Cooperation, the Beijing Declaration on Disability-Inclusive Development, and the Incheon Strategy, to accelerate action during the current Decade of Persons with Disabilities, 2013–2022.
The Incheon Strategy also mandates member states to report triennially on the progress made on its time-bound and measurable goals.
Despite these international commitments and provisions in Articles 25, 37 and 38 of the Constitution, women with disabilities continue to languish in the darkest spaces in Pakistan, uncounted and uncared for. It is imperative for the government to take visible and affirmative action to ensure that its image at least in the international community is not further tarnished due to inaction on this front. A high-profile policy dialogue with organisations representing people with disabilities should be arranged to discuss legislative and implementation mechanisms in line with UN conventions and the Incheon strategy, along with the formation of a specific parliamentary body to carry out this task.
There is no data on persons with disabilities in Pakistan as no serious at¬¬tempt has been made since 1998 to conduct a census to assess their numbers. The government needs to initiate compilation of gender-disaggregated disability data, include the disability dimension in all policymaking and budgeting exercises, and encourage the private sector to promote disability-inclusive business practices.
It is not rocket science to advise public-sector banks to float disability-friendly loans, fix job quotas for women with disabilities, subsidise the use of new technologies, introduce tax rebates for their families as is being done in India, and make BISP conditional upon the safety, education and vocational training of the disabled. Instead of signal-free roads, the government should set up fully equipped community resource centres to provide them opportunities for mobility, training and leisure time.
However, at present, all federal government structures relating to these critical constitutional and human rights issues stand disempowered after the 18th Amendment. If the government wishes not to remain within the confines of Islamabad, it will need to reclaim its lost spaces by acknowledging its responsibilities towards this most marginalised of communities groups in the country.

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Disha NGO to start Toys and Games Bank

A Toys and Games Bank is being started by DISHA- a local NGO. This was announced at the closing of a summer camp for underprivileged children, organised by DISHA, at Sukhna Enclave near Kaimbwala 10 days back.
Thirty children between 5-10 years of age belonging to families of labourers, care takers and domestic maids participated in the camp. During the camp the children were given education on environment conservation, importance of sanitation, personal hygiene, general knowledge and other creative Arts. Two doctors Dr. G.Verma, Retd. Joint Director from Haryana Government and Dr. Piyush Madan examined the children and offered free consultation during subsequent consultations also. The children were provided snacks, cold drinks, fruits and other refreshments each day by some member of Disha or Sukhna Enclave Society.
Six teenagers from well to do families managed and conducted the camp, preparing cultural items and engaging the camp in various activities. The six-Kumari Ridhima, Aksh, Shreya, Manan, Vishwani, and Riya were conferred certificates for their contribution along with mementos.
Sh. Vinod Mittal, President Sukhna Enclave Residents Welfare Association distributed prizes to winners of different competitions for the camp. Dr. Monica Singh, Professor Department of Social Work Panjab University narrated her experiences in Social Work and distributed certificates to leaders of the camp.
Smt. Simrat Joshan, President of Disha gave a brief account of activities of Disha. Disha an NGO for Social Change and Development is working for women development, child welfare and supporting the disabled. Disha is recording audio books for the blind at its recording studio.



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NPS versus EPF: Which one is better

Anil Chopra

EPF has been a popular choice of saving tax and retirement planning for over 60 years and currently close to four crore members are depending upon their EPF balances for post-retirement life. On the other hand, NPS was launched in 2004 for new government employees and subsequently it was offered to general public in 2009. NPS is still to gain popularity among masses.The basic difference between EPF and NPS is that whereas EPF gives assured tax-free returns in the shape of annual interest, NPS gives market-linked returns where the maximum of 50% of contributions can be allocated to equity markets. Thus, the potential of earning higher returns is clearly with NPS in comparison to EPF, provided the investment is made for a long-term horizon of 10 years or above.EPF is easy to maintain and track and annual returns being earned by all subscribers will always be the same irrespective of the amount of contribution or age of the member. However, the same is not true for NPS where the performance of fund managers will differ and also the allocation between equity and debt.Important point to note is that tax-saving provision for both EPF and NPS are mutually exclusive as EPF gives deduction up to Rs 1.5 lakh u/s 80C and NPS gives additional deduction up to Rs 50,000 u/s 80CCD.In conclusion, NPS and EPF are not alternative to each other. Rather, they are complimentary to each other and both schemes are recommended to be included in everyone’s portfolio. Comparison between EPF & NPS
EPF is open only for salaried employees of private sector organisations. NPS is compulsory for government employees who have joined service after April 2004. However, NPS is also open to general public, including businessmen, self-employed, housewives and persons working in organised/un-organised sector.

Mode of investment

In EPF, it is a disciplined approach and an employee does not have to do anything as 12% of his basic salary is deducted towards contribution to EPF and a similar amount is added by the employer. However, in NPS, it is completely voluntary and investors may invest either lump sum or in any kind of instalments.

Minimum/maximum investment

In NPS, minimum investment in one financial year is Rs 6,000 and there is no upper limit. On the other hand, in EPF, the employer contribution is restricted to 12% of monthly basic salary and employee can also opt for extra voluntary contribution.

Asset allocation

In EPF, 100% allocation is towards debt instruments.  In case of NPS, investor is offered two choices — either to decide his own asset allocation between equity and debt or he can also opt for default option. Under default option, allocation to equity continues to decrease with every passing year up to retirement whereas in other option, the maximum allocation to equity can be only 50%.

Expected returns

In EPF, return is assured and is same for all subscribers. For the last financial year, the interest rate applicable for EPF members was 8.7% per annum. On the other hand, investors in NPS may expect a slightly higher return due to allocation to equity. Over a long tenure of 10 years or over, returns generated by NPS Scheme may be 2 to 3 % higher than those generated by EPF.

Tax benefits

As per current provisions, contributions to EPF qualify for deduction u/s 80C up to a maximum limit of Rs 1.5 lakh but u/s 80C there are other alternatives also like PPF, ELSS, insurance plans, tuition fees, five-year bank deposits, etc. For NPS investors, there is an exclusive deduction up to a maximum limit of Rs 50,000 u/s 80CCD (1B) over and above Section 80C and there is no other alternative for this.On maturity, total amount in EPF will be tax-free and the entire amount can be withdrawn at the time of retirement. However, in case of NPS, up to 40% of corpus can be withdrawn without paying any tax. Balance 60% may be invested in buying an annuity i.e. an immediate pension plan.  In NPS, under no circumstances, 100% of corpus can be withdrawn at retirement. Minimum 40% of corpus has to be invested in purchase of an annuity plan. However, one can also buy an annuity plan by investing 100% of corpus.

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Draft Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016

Trafficking of Persons
(Prevention, Protection
and Rehabilitation) Bill,

Government of India Ministry of Women and Child Development Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016 -DRAFT
Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016- DRAFT
A BILL to prevent trafficking of persons and to provide protection and rehabilitation to the victims of  trafficking and to create a legal, economic, and social environment against trafficking of  persons and for matters connected therewith or incidental thereto WHEREAS, clause (1) of article 23 of Constitution of India prohibits trafficking in human beings and begar and other similar forms of forced labour, making a contravention of
the same a punishable offence; AND WHEREAS, article 21 of Constitution of India guarantees that no person shall be deprived of his life or personal liberty except according to the procedure established by law; AND WHEREAS, the Government of India has ratified the United Nations Convention on Transnational Organised Crime and its three Optional Protocols, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children; AND WHEREAS, trafficking of persons needs to be prevented and the victims need care, protection and rehabilitation.
Be it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-
1. Short title, extent, commencement and application.—This Act may be called Trafficking of Persons (Prevention, Protection and Rehabilitation) Act, 2016.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.2
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) ―aftercare‖ means making provisions for support, financial or otherwise as prescribed by the appropriate Government, to a victim, who has left the  Special Home and in the opinion of the District Anti- Trafficking Committee ready to reintegrate to join mainstream society;
(b) ―appropriate Government‖ means the Central Government or a State Government, as
the case may be;
(c) ―child‖ means a person who has not completed eighteen years of age;
(d) ―District Anti-Trafficking Committee‖ means a Committee established by the
appropriate government under sub-section(1) of section 3;
(e) ―Fund‖ means the Anti- Trafficking Fund created under section 29;
(f) ―narcotic drugs‖ shall have the same meaning assigned to it in clause (xiv) of section 2 of Narcotic Drugs and Psychotropic Substances Act, 1985;
(g) ―notification‖ means a notification published in the Official Gazette;
(h) ―placement agency‖ shall mean a person or body of persons whether incorporated or not other than a Government agency, department or organisation engaged in the business of providing the service of employment to any person;
(i) ―prescribed‖ means prescribed by rules made by the appropriate Government under this Act;
(j) ―Protection Home‖ means a home established or maintained in every district or a group of districts, by the appropriate Government directly, or through voluntary or non- governmental organisations, for the immediate care and protection of victims and for the purposes specified under section 8 ;
(k) ―psychotropic substances‖ shall have the same meaning as assigned to it in clause
(xxiii) of section 2 of Narcotic Drugs and Psychotropic Substances Act, 1985;
(l) ―Special Home‖ means an institution, established or maintained, in every district or
two or more districts by the appropriate Government, either directly or through a
voluntary or non-Governmental organisation, and is registered as such for the
purposes specified in section 9;
(m)―Special Court” means a Court of Session specified as a Special Court under section 23 ;
(n) ―Special Agency‖ means a Specialized Agency under section 7;
(o) ―investigating officer‖ means an officer designated as such under section 28;
(p) ―State Anti-trafficking Committee‖ means a Committee constituted by the appropriate Government under sub-section (1) of section 5;
(q) ―victim‖ means a person or persons on whom trafficking of persons is caused or attempted by any other person or persons;
(r) ―Welfare Officer‖ means a person in charge of the management of a Protection Home or Special Home and monitoring of individual care plans of all victims in such homes under this Act;
(s) words and expressions used but not defined in this Act and defined in the Juvenile Justice (Care and Protection of Children) Act, 2015 shall have the meanings respectively assigned to them in that Act.
3 (1) The appropriate Government shall, by notification, constitute for every district, a District Anti Trafficking Committee, for exercising the powers and performing such functions and duties in relation to prevention, rescue, protection, medical care, psychological assistance, skill development, need based rehabilitation of victims as may be prescribed.
(2) The District Anti Trafficking Committee shall consist of the following members, namely:-
(i) the District Magistrate or District Collector- Chairperson;
(ii) two social workers out of which one shall be a woman to be nominated by the District Judge – Member;
(iii) one representative from the District Legal Services Authority nominated by the District Judge- Member;
(iv) District Officer of the Social Justice or Women and Child Development Department of the concerned States/UTs- Member Secretary.
(3) The District Anti- Trafficking Committee shall meet atleast once in three months.
(4) The District Anti- Trafficking Committee shall regulate its own procedure for conducting its meetings.
4. Procedure in relation to victims of trafficking of persons
(1) A victim, after rescue shall be produced before the Member Secretary of the District Anti- Trafficking Committee by:-
(i) investigating officer or any police officer; or
(ii) any public servant; or
(iii) any social worker or public spirited citizen; or
(iv) by the victim himself, including if the victim is a child.
5(1) The appropriate Government shall establish State Anti–Trafficking Committee to oversee the implementation of this Act and advise the State/UT Government and District Anti-Trafficking Committee on matters relating to prevention of trafficking, protection and rehabilitation of victims of trafficking in persons and to perform such other functions and duties as maybe prescribed.
(2) State Anti–Trafficking Committee constituted for a State/UT, shall consist of the following members, namely:-
(i) the Chief Secretary- Chairperson;
(ii) Secretary to the Department of the State dealing with Women and Child-Member;
(iii) Secretary of the State Home Department – Member;
(iv) Secretary of the State Labour Department- Member;
(v) Secretary from State Health Department- Member;
(vi) Director General of Police of the concerned State- Member;
(vii) Secretary of the State Legal Services Authority – Member;
(viii) two social workers out of which one shall be a woman and to be nominated by
the Chief Justice of the High Court – Member.
6. Central Anti- Trafficking Advisory Board
(1) The Central Government shall constitute a Central Anti–Trafficking Advisory Board headed by the Secretary, Ministry of Women and Child Development and representatives from the concerned Ministries, State/UTs and members from civil society organisations as may be prescribed;
(2) Central Anti – Trafficking Advisory Board shall oversee the implementation of the Act 6 and advise the appropriate Government on matters relating to prevention of trafficking, protection and rehabilitation of victims, in the manner as maybe prescribed.
7. Special Agency
The Central Government shall constitute a Special Agency for investigation of offences under the provisions of the Act.
8. Protection Homes
(1) The appropriate Government shall maintain either directly or through voluntary organisations, protection homes selected and managed in the manner, as may be prescribed for the immediate care and protection of the victims.
(2) Protection Homes shall provide for shelter, food, clothing, counselling and medical care that is necessary for the rescued victims and such other services in the manner, as may be prescribed.
9. Special Homes
The appropriate Government shall maintain either directly or through voluntaryorganisations or use the existing shelter homes, as the case may be, one or more Special Homes in each district for the purpose of providing long- term institutional support for the rehabilitation of victims, in the manner as may be prescribed.
10. Registration of Homes
Notwithstanding anything contained in any other law for the time being in force, the Protection Homes and the Special Homes, shall be registered under this Act in such manner as may be prescribed by the appropriate Government.
11(1) The appropriate Government shall frame schemes and programmes, in such manner as 7 maybe prescribed, for the purpose of providing rehabilitation, support and after care services necessary for the social integration into mainstream society of the victims and to prevent re-trafficking.
(2) The State Government shall create specialised schemes for victims, especially for women engaged in prostitution or any other form of commercial sexual exploitation, to enable them to come forward and reintegrate into mainstream society, in a manner as may be prescribed.
12(1) Every placement agency, whether registered under any law for the time being in force or not, shall be registered for the purposes of this Act, within such time and manner as may be prescribed by the appropriate Government.
(2) The period of registration and the conditions for registration shall be in the manner as may be prescribed, by the appropriate Government.
(3) Notwithstanding anything contained in any other law for the time being in force, if any placement agency which violates any of the conditions of registration under sub-section
(2) of section 12, the registration of such placement agency is liable to be suspended, cancelled or revoked, as the case may be.Provided that the placement agency shall be given an opportunity to be heard before any action is taken against it.
13. Any person in-charge of Protection Home or Special Home providing shelter to the victims contravenes any of the provisions of section 10, shall be punished with imprisonment which may extend to one year or with a fine not less than one lakh rupees, or with both.
14. Any person who contravenes the provisions of sub-section (1) of section 12 of this Act, shall be punishable with fine which may extend to one lakh rupees and any person who 8 contravenes the provisions of sub-section (2) of section 12 shall be punishable with imprisonment for a term which may extend to 3 years or with fine which may extend to fifty thousand rupees, or with both.
15. Punishment for disclosure of identity
(1) No report, or any newspaper, or magazine, or audio- visual media, or any other form of communication regarding any investigation or judicial procedure shall disclose the name, address, or any other particulars which may lead to the identification of a victim, or witness of a crime of trafficking in persons under this Act, or any other law for the time being in force, nor shall the picture of any such victim be published.
(2) The publisher or owner of the media or studio or photographic facilities or any person in-charge of publication who contravenes the provision of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees, or with both.
16. Using narcotic drugs, psychotropic or alcoholic substances for trafficking Notwithstanding anything contained in any other law for the time being in force, whoever uses any narcotic drug or psychotropic substance, or alcohol, for the purpose of trafficking shall be punishable with imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees.
17. Use of chemical substance or hormones for the purpose of exploitationNotwithstanding anything contained in any other law for the time being in force, whoever administers any chemical substance or hormones to a trafficked woman or a girl or a child for the purpose of early sexual maturity and exploitation shall be punishable with imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine which shall not be less than one lakh rupees.
18. General Penalty
Whoever, violates any of the directions given by the appropriate Government under this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty thousand rupees, or with both.
19. Offence to be cognizable and non- bailable
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), –
(a) no person accused of an offence under sections 16 and 17 shall be released on bail or on his own bond unless-
(i) the Special Public Prosecutor has been given an opportunity to oppose the application for such release; and
(ii) where the Special Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (a) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail.
20(1) Where a person is in possession or ownership of any property, and is accused of having committed an offence under section 16 and 17 of this Act or offences under section 370-373 of Indian Penal Code, 1860 and it is likely that such property be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings, the Special Court may confiscate such property.
(2) Where a person has been convicted of any offence punishable under an offence referred to in sub-section (1), the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence or accrue thereby, shall stand forfeited to Government.
(3) Where any person is accused of any offence referred to in sub-section (1), it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such 10trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realization of any fine imposed by the Special Court. Notwithstanding, anything contained under section 20, any order passed by the Special Court for confiscation, attachment or forfeiture of the property, as the case may be, shall not prejudicially affect the claim of any third person who acquired any right, claim or interest in the property through lawful consideration with lawful object.
21. Burden of proof
The burden of proving that the property so attached and confiscated as per Section 20, is not acquired or used in the commission of the offence under this Act, which he is named as accused shall be on such person.
22. Application for attachment of property
(1) Where the appropriate Government has reason to believe that any person has committed (whether after the commencement of this Act or not) any offence under this Act, the State Government or, as the case may be, the Central Government may, whether or not any Court has taken cognizance of the offence, authorize the making of an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on business, for the attachment, under this Act of the money or other property which the State Government or, as the case may be, the Central Government believes the said person to have procured by means of the alleged offence, or if such money or property cannot for any reason be attached, or other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property.
(2) The provisions of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908, shall apply to proceedings for an order of attachment under this Act as they apply to suits by the Government.
(3) An application under sub-section (1) shall be accompanied by one or more affidavit, stating the grounds on which the belief that the said person has committed any scheduled offence is founded, and the amount of money or value of other property believed to have been procured by means of the alleged offence and the application shall also furnish the following:-
(i) any information available as to the location for the time being of any such money or other property, and shall, if necessary, give particulars, including the estimated value, of other property of the said person;
(ii) the names and addresses of any other persons believed to have or to be likely to claim, any interest or title in the property of the said person.
23. Special Court
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 for the purposes of providing a speedy trial of offences involving and punishable under sections 370 to 373 of the Indian Penal Code, 1860 and the offences under this Act, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district, a Court of Session to be a Special Court.
24. Presumption of certain offences
Where a person is prosecuted for committing or abetting or attempting to commit any offence under section 16 and 17 of this Act or offences under section 370-373 of Indian Penal Code, 1860, the Special Court shall presume that such person has committed theoffence, unless the contrary is proved.
25. Application of Criminal Procedure Code, 1973 to proceedings before the Court
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Special Public Prosecutor.
26. Special Public Prosecutors
(1) For every Special Court, the appropriate Government shall, by notification in the Official Gazette, specify a Special Public Prosecutor for the purpose of conducting case or cases falling under this Act and offences under sections 370 to 373 of the Indian Penal Code, 1860.
(2) Every person appointed under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of Section 2 of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) A person shall not be qualified to be appointed as Special Public Prosecutor under this section unless possess ten years active practice as an Advocate before a Court of Session having good record of prosecution.
27. Procedure for recovery of fines
(1) Where, on preliminary inquiry, a Special Court or a District Anti- Trafficking Committee, as the case maybe, finds that any amount is due to a victim, including backwages for the period of employment, or any other losses, it shall order for the recovery of the same as per the provisions of section 421 of the Code Criminal Procedure.
(2) Notwithstanding anything contained in any other law applicable for the time being in force, where a person has been convicted of an offence of trafficking the Special Court may, in addition to the punishment prescribed under the relevant laws also order the accused to pay all backwages, or any other arrear or any other amount due to the victim, in addition to a fine which shall not be less than Rupees five lakhs for each victim engaged by such trafficker.
(3) Where an offender has been sentenced to pay a fine, the Special Court shall initiate action for the recovery of such fine as an arrear of land revenue as per the section 421 of the Code of Criminal Procedure.
28. Investigating Officer
The State Government shall designate a police officer of the rank of Gazetted Officer to be an Investigating Officer for investigating offences under this Act and under section 370 to 373 of the Indian Penal Code, 1860.
29. Anti-Trafficking Fund
(1) The appropriate Government, as the case maybe, shall create a fund for the effective implementation of this Act and also for the welfare and rehabilitation of the victims, as maybe prescribed.
(2) There shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation.
(3) The fund created under sub-section (1) shall be administered by the appropriateGovernment in such manner and for such purposes as may be prescribed by that Government.
30. Procedure for Mandatory reporting
Any police officer or a public servant, or any officer or employee of Protection home or Special home, who finds or takes charge of, or who is handed over the custody or care of a victim shall within twenty four hours, give information to the nearest police station, or a District Anti- Trafficking Committee or in the case of a child victim, to a Child Welfare Committee, or a child care institution registered under the provisions of the Juvenile Justice (Care and Protection) Act 2015.
31. Repatriation to another state
A victim, on an order of the District Anti-Trafficking Committee or the Special Court may be repatriated to the home State or to another State for increased protection; Provided the District Anti-Trafficking Committee of the recipient district may take over the rehabilitation of the victim in such manner as may be prescribed by the appropriate Government.
32. Repatriation to another Country
Where a victim from foreign country has been rescued and the State anti- Trafficking Committee is of the opinion that the victim needs to be repatriated to the country of origin, it may be dealt with the matter under any law for the time being in force.
33. Appeal
(1) Notwithstanding anything contained in the Criminal Procedure Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court under sections 16 and 17 of this Act and sections 370-373 of the Indian Penal Code 1860
to the High Court both on facts and on law.
(2) Every appeal under sub-section (1) shall be heard by a Division Bench of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.
(3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order of a Special Court.
(4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refusing bail.
(5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days: Provided further that no appeal shall be entertained after the expiry of period of
ninety days.
34. Protection of Action Taken in Good Faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, or the State Government or any person acting under the directions of the Central Government or State Government, as the case may be, in respect of anything which is 15done in good faith or intended to be done in pursuance of this Act or of any rules or regulations made thereunder.
35. Power of Central Government to make Rules
The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act on the subject specified under this Act;Provided that the Central Government may, frame model rules in respect of all or any of the matters with respect to which the State Government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the State mutatis mutandis until the rules in respect of that matter are made by the State Government and while making any such rules, they conform to such model rules.
36. Power of the State Government to make rules
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature.
37. Power to give directions
The appropriate Government may give such directions as it may deem fit to any individual, person or body of persons or organisation, whether incorporated or not, in respect of any matter under this Act.
38. Laying of Rules
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agrees in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may 16
be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
39. Power to Remove Difficulty
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:Provided, that no such order shall be made after the expiry of the period of two years from the commencement of this Act.
40. Section 360 of the Code and Probation of Offenders Act not to apply to persons committing an offence under this Act
The provisions of section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) and the provisions of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act.
41. Act to override other laws
Save as otherwise provided in this Act, the provisions of this Act or any rule made thereunder or any order made under any such rule shall, have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having the force of law.

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