 bill no xxxii of 2006 the prevention of pushing and forcing girl child into flesh trade and immoral traffic bill, 2006 a billto provide for deterrent punishment for pushing or forcing the girl child into flesh trade orprostitution and for immoral traffic of a girl child and for hiring or taking possession of a girl child prostitute by her client for promiscuous sexual activities and for the proper rehabilitation and welfare measures to be initiated by the state for such hapless girl child and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the prevention of pushing and forcing girl child into flesh trade and immoral traffic act, 2006short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—10(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases the central government;(b) "girl child"  means a female human who is below the age of eighteen years; (c) "prescribed" means prescribed by rules made under this act;45 of 1860 104 of 1956(d) 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 acts53  (1) the pushing, forcing, abetting, procuring a girl child into flesh trade or prostitution or immoral traffic, by whatever name called, is hereby prohibited(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actprohibition of pushing or forcing girl child into flesh trade or prostitutionpenalty45 of 1860104 of 195645 of 1860104 of 1956104 notwithstanding anything contained in the indian penal code or the immoral traffic(prevention) act, 1956 or any other law for the time being in force, whoever,—15(a) abets or induces, by whatever means or in any manner whatsoever, a girl child to flesh trade or prostitution, notwithstanding the family or near or dear relation of such girl child with the accused or under any prevailing custom, shall be punished with imprisonment 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;(b) pushes or forces a girl child to flesh trade or prostitution shall be punished with death;20(c) owns or runs a brothel having girl child prostitute, such owner or manager shall be punished with life imprisonment and also with fine which may extend to five lakh rupees;(d) indulges in the immoral traffic of a girl child or for any unlawful or immoral purpose shall be punishable with imprisonment which may extend to ten years and also with fine which may extend to two lakh rupees;25(e) hires, procures or obtains possession of a girl child for promiscuous sexual intercourse with her shall be punished with life imprisonment and also with fine which shall not be less than five lakh rupees but may extend to ten lakh rupees2 of 19745 notwithstanding anything contained in the code of criminal procedure, 1973 the offences under this act shall be cognizable and non-bailableoffences to be cognizable and non-bailable 6 (1) the offences under this act shall be tried by special courts30special courts to try the offences(2) the appropriate government shall establish such number of special courts,as it may deem necessary for the purposes of sub-section (1) and for the quick disposalof cases under this act35rehabilitation and other welfare measures7 the appropriate government shall, as soon as may be, formulate rehabilitationand welfare measures for such girl child rescued from flesh trade or prostitution or who may by rendered out of profession after the commencement of this act and these measures shall include free medical care, shelter, food, clothing and other necessities of day-to-day living, free education including vocational education, gainful employment, marriage and such other measures as may be prescribed408 the central government shall, after due appropriation made by parliamentby law in this behalf, provide adequate necessary funds, from time to time, for carrying out the purposes of this actcentral govt to provide necessary fundsact to have overriding effect9 the provisions of this act and rules made thereunder shall have effect notwithstanding any thing 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 force510 the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this actpower to make rules statement of objects and reasonsin many cases the girls are kidnapped and forced into prostitution they are also procured from the unsuspecting poverty-stricken parents for this purpose this is very rampant in tribal and rural areas recently media reported that pimps have become active in drought affected areas luring the girls of such families into their net where hapless farmers took the extreme step of committing suicide even innocent girls from the neighbouring countries are also procured by anti social elements for this purposethe greed for more money is also pushing more and more adolescent girls into flesh trade as they fetch handsome amount from the prospective clients these days when adventure tourism is gaining momentum the tourists who indulge in promiscuous sex for fun and joy prefer the girl child prostitutes the professional pimps, anti social elements, criminal gangs, brothels' owners, call girl racketeers, tour operators, hoteliers and others are very active to mint money from the rich and neo rich prospective clients as a first step to lure, the unsuspecting girls are promised a decent and comfortable life generally to provide a good employment or career in modeling or even a role in films once the girl is convinced the next step begins to tell her to have fun and enjoyment in five star hotels and earn handsomely which most of girls cannot reject because the temptation is raised to new heights once the girl takes the fatal step she lands into the world of prostitution the deadly aids and other sexually transmitted diseases have endangered the lives of such hapless girlsthis alarming situation has to be tackled very effectively to save the girl child by dealing heavily with those who push or force the girl child into flesh trade or prostitution by providing deterrent punishment to the extent of death sentence to such defaulters deterrent punishment is also required for those who hire or obtain the girl child for sex, abet, lure or coerce a girl child to become prostitute irrespective of her relation with the girl child there should be special courts to quickly try the cases time has come to save the unsuspecting girl child from this immoral profession and from aids and other dangerous diseaseshence this billsushma swaraj financial memorandumclause 6 provides that offences under this bill shall be tried by special courtsclause 7 provides for rehabilitation and other welfare measures clause 8 provides that central government shall provide adequate funds for the purpose of the bill the bill if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crores may involve as recurring expenditure per annuma sum of rupees two hundred crores may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————abillto provide for deterrent punishment for pushing or forcing the girl child into flesh trade orprostitution and for immoral traffic of a girl child and for hiring or taking possession of a girl child prostitute by her client for promiscuous sexual activities and for the proper rehabilitation and welfare measures to be initiated by the state for such hapless girl child and for matters connected therewith and incidental thereto————(shrimati sushma swaraj, mp)mgipmrnd—498rs(s5)—12052006