 bill no xxvii of 2007 the tribal girls (prevention of abuse, rehabilitation  and welfare) bill, 2007 a billto provide for the prevention of abuse including physical abuse of tribal girls who are lured to shift to urban areas on the pretext of attractive employment and decent life and thereafter confined, exploited and abused and in many cases forced into prostitution and exploitation of tribal girls by forest personnel while collecting forest produce and for rehabilitation and welfare of such girls and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—welfare) act, 2007short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "abuse" includes allurement of decent life on false promises, exploitation in the form of excessive work, and less payment, bonded labour in any form, confinement against will, prevention of collection of forest produce which are not prohibited and confiscation of such produce to gain sexual favour, illegal detention for possessing such products, intimidation in any form, forcible or fraudulent sexual exploitation, rape, forcing into prostitution, procuring or kidnapping tribal girls for their abuse in any form whatsoever;(b) "appropriate government" means in the case of a state, the government of the state and in other cases, the central government;(c) "prescribed" means prescribed by rules made under this act; (d) "tribal girl" means a female belonging to a family of any tribe mentioned in the constitution (scheduled tribes) order, 1950 who is below the age of eighteen years;45 of 1860 104 of 1956(e) words and expressions used and not defined in this act but defined in the indian penal code, 1860 or the immoral traffic (prevention) act, 1956 shall have the meanings respectively assigned to them in those acts3 (1) the abuse of any tribal girl, in any manner whatsoever, is hereby prohibitedprohibition of abuse of tribal girls(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actpenalty4 notwithstanding anything contained in any other law for the time being in force, whoever,—(a) allures any tribal girl to leave her place of residence on false promises including any relative of such girl shall be punishable with rigorous imprisonment for a term which shall not be less than four years but may extend to seven years and also with fine which may extend to two lakh rupees;(b) confines a tribal girl for taking excessive work or takes excess work by paying less to such girl shall be punishable with rigorous imprisonment for a term which shall not be less than two years but may extend to five years and also with fine which may extend to two lakh rupees;(c) keeps a tribal girl as bonded labour in any form shall be punishable with rigorous imprisonment for a term which shall not be less than five years but may extend to ten years and also with fine which may extend to five lakh rupees;(d) prevents collection of non prohibited forest produce or confiscates such products or illegally detains a tribal girl in possession of such produce in order to exploit the girl shall be punishable with imprisonment which shall not be less than three years but may extend to five years and also with fine which may extend to one lakh rupees;(e) commits rape on a tribal girl shall be punished with death; (f)  forces a tribal girl into prostitution or procures or kidnaps a tribal girl for that purpose shall be liable for imprisonment for life and in case the circumstances so warrant shall be punished with death5 (1) it shall be the duty of the appropriate government to rescue and take custody of every tribal girl covered under this act through the local police in such manner as may be prescribed(2) every tribal girl rescued under sub-section (1) shall be provided board and lodging with necessities of daily life, medical care, educational facilities including vocational, technical and medical education free of cost, and employment opportunities in such manner as may be prescribed(3) every tribal girl rescued under sub-section (1) shall be paid a compensation of not less than two lakh rupees by the appropriate government in such manner as may be prescribed2 of 19746 notwithstanding anything contained in the code of criminal procedure, 1973 theoffences under this act shall be cognizable and non-bailableoffences to be cognizable and non bailable7 the offences under this act shall be tried by fast track courtsfast track courts to tryoffenceswelfare measures8 it shall be the duty of the appropriate government to formulate and implement rehabilitation and other welfare measures for the tribal girls covered under this act in such manner as may be prescribed9 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds, from time to time, for carrying out the purposes of this actcentral government to provide requisite funds act to have overriding effect10 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules11 the central government may, by  notification in the official gazette, make rules for carrying out the purposes of this act statement  of  objects  and  reasonsapart from the entire north-eastern region states like orissa, andhra pradesh, karnataka, jharkhand, chhattisgarh, maharashtra, gujarat, rajasthan, madhya pradesh, uttaranchal, himachal pradesh, etc have substantial tribal population these tribals live in jungles, subsist on jungle produce, having their own life style, traditions and culture they are very near to the nature, simple, hard working and honest of late, media has widely reported that mafia has sneaked into the tribal areas their touts are luring the adolescent and young girls to migrate to urban areas promising them attractive employment opportunities and decent living once the innocent tribal girls fall into their trap they are brought to the cities and generally sold in the brothels and compelled into prostitution some girls become domestic maids where they are paid meagerly, and are overworked and exploited many of them are confined so that they do not escape and many a time tortured and also abused physically the innocent tribal girls curse their coming to cities and exploitation and suffering become their fatesimilarly, the tribals subsist on jungle produce the tribal girls and women collect jungle produce and sell them at the weekly haats to earn their livelihood many a time the forest personnel confront these women and girls and intimidate them with arrest on the plea that they have collected prohibited jungle products despite the fact that these women and girls have not collected any prohibited produce generally they want their share in the income from the jungle produce or they ask for sexual favour from the tribal women and girlsthe exploitation of tribal girls has to be stopped by providing deterrent punishment for those who exploit them, torture them or sexually abuse them taking advantage of their innocence and honestyhence this billalka  balram  kshatriya financial memorandumsub-clause (2) and (3) of clause 5 of the bill provide for board and lodging, with necessities of daily life, medical care etc to the tribal girls covered under the bill, and for compensation respectively clause 7 provides for fast track courts clause 9 makes it obligatory for the central government to provide adequate requisite funds for the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india though it is not possible to quantify the actual expenditure at this stage it is estimated that a sum of rupees two hundred crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees of five hundred crore may also involve from the consolidated fund of india memorandum  regarding  delegated  legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————— a billto provide for the prevention of abuse including physical abuse of tribal girls who arelured to shift to urban areas on the pretext of attractive employment and decent life andthereafter confined, exploited and abused and in many cases forced into prostitutionand exploitation of tribal girls by forest personnel while collecting forest produceand for rehabilitation and welfare of such girls and for matters connectedtherewith and incidental thereto—————(prof alka balram kshatriya, mp)mgipmrnd—1774rs (s3)—27-04-2007