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Report No. 64
The Suppression of Immoral Traffic in Women and Girls Act, 1956
| Contents | ||
| Chapter 1 | Introduction | |
| 1.1 | Scope and genesis of the Report | |
| 2. | Scope of the revision | |
| 3. | Evil of prostitution | |
| 4,5. | Constitutional provision | |
| 6. | Rome | |
| 7. | Attempts to stop prostitution not successful | |
| Chapter 2 | Historical Background | |
| 2.1. | Brief history of the Act | |
| 2. | Early efforts at regulation | |
| 3. | Developments in the latter half of 19th century | |
| 4. | Local legislation since 1923 | |
| 5. | Prostitution in ancient civilisations | |
| 6. | First rescue home | |
| Chapter 3 | Scope of The Act | |
| 3.1. | Scope of the Act-three broad categories of offences | |
| 2. | Reasons for narrow scope of the Act | |
| 3. | Abolition not practicable | |
| 4. | Question of total prohibition | |
| 5. | Two views as to drawing the line | |
| 6,7. | Wider view not recommended | |
| 8. | Views expressed on the subject of morality and law | |
| 9. | Report of earlier Committee in India | |
| 10. | Profession of call-girls | |
| 11. | Amendment regarding call-girls not recommended | |
| 12. | Call-girl establishments | |
| 13. | Position in some other countries | |
| 14,15. | Statutes in some States in the U.S.A | |
| 16. | Effective enforcement not practicable | |
| 17. | Prostitution a social problem | |
| Chapter 3A | Comparative Position | |
| 3A.1 | Comparative Position | |
| 2. | Repressive measures why hampered | |
| 3. | Appendix | |
| Chapter 4 | Definitions | |
| 4.1. | Sections of the Act considered | |
| 2. | Section 2 | |
| 3. | Position at common law | |
| 4. | Recommendation regarding 'brothel' | |
| 5. | Recommendation to amend definition of 'brothel' | |
| 6. | Question of presumption to be drawn from common agency considered | |
| 7. | Recommendation to insert definition of 'corrective institution' | |
| 8. | Revised definition | |
| 9. | Section 2(c)-"Magistrate" | |
| 10. | Suggestion to delete not accepted - Powers of Magistrates enumerated | |
| 11. | Recommendation as to various powers in view of separation | |
| 12. | Definition of Magistrate to be revised, and schedule of powers to be inserted | |
| 13,14. | Recommendation as to section 2(c) | |
| 15. | Section 2(e)-'prostitute' | |
| 16. | Suggestion to add "indiscriminate lewdness" in the definition of prostitute | |
| 17. | Recommendation to delete section 2(e) | |
| 18. | Section 2(f)-'prostitution' | |
| 19. | Change needed in definition of 'prostitution' | |
| 20. | Suggestion to substitute "indiscriminate lewdness" not accepted | |
| 21. | Position in the U.S.A. as to "lewdness" | |
| 22. | Payment need not be immediate | |
| 23. | Indulgence of the male | |
| 24. | Person hiring prostitute whether to be punished | |
| 25. | Definition of "prostitute" to be linked up with definition of "prostitution" | |
| 26. | Recommendation to revise section 2(f) | |
| 27. | Section 2-new definition of 'purposes of prostitution-suggestion considered but not accepted | |
| 28. | Change not recommended | |
| 29,30. | Section 2(g)-"protective home"-Recommendation to amend | |
| 31,32. | Section 2(g)-"protective home"-Recommendation to amend | |
| 33. | Recommendation | |
| 34. | Exclusion of 'corrective institution from the definition of protective home | |
| 35. | Section1 (h)-"Public place"-No change recommended | |
| 36. | Section1 (i) | |
| Chapter 5 | Offences | |
| 5.1. | Section 3(1) | |
| 2. | Section 3(2) | |
| 3. | Section 3(3) | |
| 4. | Section 4-Analysis | |
| 5. | Section 4(2), proviso | |
| 6. | Character of circumstances giving rise to presumption | |
| 7. | Essential link between sub-section (1) and sub-section (2) | |
| 8,9. | Proviso to section 4(2) superfluous | |
| 10. | Possible arguments considered | |
| 11. | Question of increase in the age under section 4(2), proviso | |
| 12. | Recommendation to delete the proviso to section 4(2) | |
| 13. | Recommendation to amend section 4(2), main paragraph | |
| 14. | Section 4(2)(b) | |
| 15,16. | Section 4(2)(c) | |
| 17. | Section 4(2)-how to be revised | |
| 18. | Section 5(1) and section 5(2) | |
| 19. | Section 5(3) | |
| 20. | Section 5-Suggestion to add 'purchase or sale of girls' | |
| 21. | Recommendation to amend sections 372, 373, Penal Code | |
| 22. | Section 6(1) and section 6(2) | |
| 23. | Section 6(3) | |
| 24. | Section 6(4) | |
| 25. | Section 7(1) - Verbal change recommended | |
| 26. | Suggestion regarding court to consider probation considered | |
| 27. | Change recommended | |
| 28. | Amendment of section 10 recommended | |
| 29. | Section 7(2) | |
| 30. | Suggestion considered | |
| 31. | Section 7(2)-Another suggestion considered | |
| 32. | Section 8 | |
| 33. | Section 8-Definition of "solicit" not favoured | |
| 34. | Section 8-Punishment | |
| 35. | Amendment of section 10 | |
| 36. | Section 9-Amendment recommended | |
| 37. | Recommendation to amend section 9(1) | |
| 38. | Section 10 | |
| 39. | Section 10-Analysis | |
| 40. | Suggestion for revising section 10 considered | |
| 41. | Distinction between "protective home" and "corrective" institution | |
| 42. | Connected provisions of Probation Act | |
| 43. | Amendment of section 10(1) to exclude probation for certain offences | |
| 44. | Section 10(1), Suppression Act to be amended and section 18, Probation Act, also to be amended | |
| 45. | Reference to new Code to be substituted | |
| 46. | Points summarised | |
| 47. | Section 10(2) to be amended | |
| 48. | Section 10(3) to be widened | |
| 49. | Reasons to be recorded for not granting probation-section 10 to be amended | |
| 50. | Recommendation as to section 10 and to insert section 10A | |
| 51. | Section 11 | |
| 52. | Section 12 | |
| 53. | Abuse of authority by police officer-whether provision needed-sections 17A and 17B (New) | |
| 54. | Recommendation to insert new section | |
| 55. | Delay in the production of girls | |
| 56. | Offences of wrongful confinement discussed | |
| 57. | Effect of illegal confinement-General principle | |
| 58. | Two devices considered | |
| 59. | Recommendation to insert section 17B | |
| Chapter 6 | Procedural Provisions (Sections 13-22) | |
| 6.1,2 | Introduction | |
| 3. | Section 13-change not suggested | |
| 4. | Section 14 | |
| 5. | Extension of provisions as to rescue to women above the age of adult women-Sections 15(4) and 16 | |
| 6. | Relevant provisions summarised | |
| 7. | Deficiency of the law in regard to rescue of woman under section 15 | |
| 8. | Same comment on section 16 | |
| 10. | Institution to which rescued women should be sent | |
| 11. | Amendments needed in sections 15(4), 16, 17 and 23(2) | |
| 12. | Power under section 15-no cliange | |
| 13. | Section 15(2)-Need for appointing women police officers | |
| 14,15,16. | Section 16 | |
| 17,18. | Section 16(1)-Suggestion to authorise persons empowered by the State Government | |
| 19. | Recommendation | |
| 20. | Suggestion for verbal changes in section 16(1) regarding the phrase "in a brothel" | |
| 21. | Section 17(1)-Amendment recommended | |
| 22. | Recommendation to amend section 17(1) by adding a proviso | |
| 23. | Suggestion regarding section 17(2) | |
| 24. | Recommendation | |
| 25. | Redrafts of certain sections | |
| Revised section 17(1), 17(2), 17(2A) to 17(2E) and section 17(4) | ||
| 26. | Sections 17A and 17B (new) | |
| 27. | Section 18 | |
| 28. | Suggestion to repeal section 18 not accepted | |
| 29. | Section 19 | |
| 30. | Section 19(1)-Suggestion accepted | |
| 31. | Recommendation | |
| 32. | Section 19(1A)-Recommendation regarding interim custody | |
| 33. | Section 19(2)-Suggestion for inquiry accepted | |
| 34. | Recommendation to amend section 19(2) | |
| 35. | Section 20-Removal of prostitutes | |
| 36. | Validity of section 20 upheld | |
| 37. | Suggestion for repeal considered | |
| 38. | Suggestion not accepted | |
| 39. | Section 21-Preventive Homes | |
| 40. | Recommendation to add corrective institution | |
| 41,42. | Section 21 (9A)-Suggestion for power to transfer inmates accepted | |
| 43. | Recommendation to add sub-section (9A) in section 21 | |
| 44. | Section 22-Trials | |
| 45,46. | Section 22-Amendment recommended | |
| Chapter 7 | Miscellaneous | |
| 7.1 | Section 23(1) | |
| 2. | Section 23(2)(b)-Change recommended | |
| 3,4. | Section 23(2)(c) and 23(2)(f) | |
| 5. | Section 23(2)-Rules as to corrective institutions-Addition of | |
| 6. | Section 23(2)(c)-change recommended | |
| 7. | Section 23(2)(g) | |
| 8,9. | Section 24 | |
| Schedule | Magistrates Competent to Exercise The Powers Under Various Sections of The Act | |
| Explanatory Note | ||
| Chapter 8 | Implementation of The Act-Some Important Points | |
| 8.1. | Introductory | |
| 2. | Need for well-managed institution | |
| 3. | Need for adequate women police officers | |
| 4. | Proper up-bringing | |
| Chapter 9 | Summary of Recommendations | |
| I. | The Suppression of Immoral Traffic in Women and Girls Act, 1956-Amendment | |
| II. | III. | Indian Penal Code, 1860 |
| IV. | Probation of Offenders Act, 1958 | |
| Appendix | Comparative Position as to Prostitution in other Countries | |
| Comparative Position as to Prostitution in other Countries | ||
| The use of Premises for Prostitution | ||
| Tenant permitting premises to be used for prostitution | ||
| A woman exercising control over a prostitute | ||
| Loitering or Soliciting in Public Places | ||
| Hungary-In Hungary, registration of prostitutes was abolished in June, 1950 | ||
| "Section 230.00-Prostitution | ||
| "S. 207.12-Prostitution and related offences | ||
| Appendix 2 | List of Sections Containing The Expression Woman or Girl or both the Expressions | |
