 bill no  16 of  2019 the children of pavement dwellers and sex workers (prevention of abuse and welfare measures) bill, 2019by shri gopal chinayya shetty, mp a billto provide for the prevention of exploitation and abuse including sexual abuse ofchildren of parents living on pavements of urban areas and of sex workerslanguishing in red light areas and for welfare measures to be undertakenby the state for such children by establishing special care homes forthem and making provisions for free education, includingvocational education and employment and otheramenities and for matters connectedtherewith, or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:—short title and extent1 (1) this act may be called the children of pavement dwellers and sex workers(prevention of abuse and welfare measures) act, 2019(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in all other cases the central government;(b) "child" means a boy or girl who has not attained the age of fifteen years;5(c) "pavement dweller" means person living on the pavement of road, street or in the open space;(d) "prescribed" means prescribed by rules made under this act; (e) "sex worker" shall have the same meaning assigned to the term "prostitute"under the immoral traffic (prevention) act, 1956; and104 of 195610(f) "special care homes" means an institution established or certified as such by the appropriate government under section 4 3 (1) notwithstanding anything contained in any other law for the time being in force, the appropriate government shall take custody of every child born of or accompanying a pavement dweller or a sex worker, as the case may be, in such manner as may be prescribedappropriate government to take custody of children born of pavement dwellers and sex workers15(2) every child taken custody of under sub-section (1) shall be admitted to special care homes, established under section 4, in such manner as may be prescribed4 (1)  the appropriate government shall establish and maintain such number of special care homes as may be necessary for the purposes of this act:establishment of special care homes20provided that where the appropriate government is satisfied that any institution run by any non-governmental organisation (ngo) is capable for the reception of the children under this act, it may recognise such an institution as special care home for the purposes of this act25(2) every special care home or an institution recognised as such, as the case may be, shall provide every child with free accommodation, boarding, lodging, meals, dresses and other necessities for his maintenance and facilities for education, vocational training, rehabilitation, and all facilities for the development of his character and career in such manner as may be prescribed to ensure his all-round growth and development30standards for non- governmental institutions5 (1) the appropriate government may, by rules made under this act, provide for the conditions for granting of recognition to the institutions or ngo's including the standards and nature of services to be maintained by such institutions and the circumstances under which and the manner in which the recognition of institution of ngo's may be withdrawn| (                                                                                             | 2                                                                                ||-----------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------|| and separation of children on the basis of sex, age and other requirements of such children  |                                                                                  || grants-in-aid                                                                                |                                                                                  || 35                                                                                            |                                                                                  || 6 the appropriate government shall provide adequate grants-in-aid to the institutions        |                                                                                  || or ngo recognised under this act                                                             |                                                                                  || 7 the central government shall, after due appropriation made by law by parliament            |                                                                                  || by law in this behalf, provide adequate funds to the state governments for the implementation |                                                                                  || of this act                                                                                  |                                                                                  || central                                                                                       |                                                                                  || government                                                                                    |                                                                                  || to provide                                                                                    |                                                                                  || funds                                                                                        |                                                                                  || 40                                                                                            |                                                                                  || penalty for                                                                                   |                                                                                  || cruelty to                                                                                    |                                                                                  || children                                                                                     |                                                                                  || 8                                                                                            | notwithstanding anything contained in any other law for the time being in force, || whoever having charge of or control over a child governed by the provisions of this act       |                                                                                  || assaults, abandons, exposes or wilfully neglects the child in a manner likely to cause such   |                                                                                  || child unnecessary mental or physical suffering shall be punishable with imprisonment which    |                                                                                  || shall not be less than two years but which may extend to five years and also with fine which  |                                                                                  || may extend to fifty thousand rupees                                                          |                                                                                  |9 notwithstanding anything contained in the indian penal code, whoever sexually abuses any child, governed by the provisions of this act, shall be punished with death45 of 1860penalty for sexual abuse of childrenpenalty for forcing child to beg10 whoever forces any child, governed by the provisions of this act, to beg shall be punishable with imprisonment which shall not be less than two years but may extend to five years and also with fine which may extend to fifty thousand rupees5constitution of a welfare fund10| 11 (                                                                                       ||---------------------------------------------------------------------------------------------|| official gazette, under such name as it may think fit for the welfare and rehabilitation of || children under this act and provide initial fund of rupees two hundred crores after due     || appropriation made by parliament by law in this behalf and thereafter the central and state || government shall contribute to the fund in such proportion and in such manner as may be     || prescribed                                                                                 |(2) there shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation15over-riding effect of the act12 the provisions of this act and rules made thereunder shall have effectnotwithstanding 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 force regulating any of the matters dealt with in this act20power to remove difficulties13 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of three years from the commencement of this act25power to make rules14 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30(2) every rule made under this act by the central government shall be laid, as soon asmay 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 agree in making any modification in the rule or both the 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 be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule35 statement of objects and reasonsit is said that prostitution is the oldest profession in the world and this profession is going on consistently throughout the world even today despite being declared as illegal in many parts of the world in our country also there are lakhs of sex workers in the flesh trade and despite their best efforts not to conceive, thousands of unfortunate children are born to these sex workers who are forced by circumstances to live in the inhuman surroundings and atmosphere of brothels here the boy ultimately becomes a pimp and the hapless girl a sex worker and that is the destiny of these innocent and unfortunate childrensimilarly many people due to acute unemployment and abject poverty are forced to live on pavements and sustain on begging, ragpicking and even stealing, cheating etc children are born on these pavements and become part and parcel of the vicious circle of the pavement they too ultimately become beggars, ragpickers, pickpockets and other antisocial elementsthese children too, like other children are the future citizens of our country and it is our duty to make them good citizens ours being a welfare state, the central and state governments have to ensure that these children grow in good atmosphere and their future becomes safe they are not exploited and they do not become the victims of lust the government must take care of them, open special care homes for them and provide all requisite facilities for their proper growth and advancement in lifehence this billnew delhi;gopal   chinayya  shettydecember 17, 2018 financial  memorandumclause 4 of the bill provides for the establishment of special care homes clause 7prescribes that central government will provide funds to the states clause 11 provides for the constitution of a welfare fund for the welfare and rehabilitation of children the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees three hundred crores will involve as recurring expenditure per annuma non-recurring expenditure to construct special care homes in the country sum of rupees six hundred crores may also involve memorandum  regarding  delegated  legislationclause 5 empowers the appropriate government to make rules for governing the ngoinstitutions clause 14 empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of details only, the delegation of legislative power is of normal character———— abillto provide for the prevention of exploitation and abuse including sexual abuse ofchildren of parents living on pavements of urban areas and of sex workerslanguishing in red light areas and for welfare measures to be undertakenby the state for such children by establishing special care homes forthem and making provisions for free education, includingvocational education and employment and otheramenities and for matters connectedtherewith, or incidental thereto————(shri gopal chinayya shetty, mp)mgipmrnd—3264ls(s3)—30-01-2019