 bill no 190 of 2015 the  girl  child  (prevention  of  commercialised trafficking, rehabilitation and welfare) bill, 2015 by shri sunil kumar singh, mp a billto provide for the  prevention of commercialised trafficking of girl child wherein a girl child is forced into prostitution after luring, procuring or kidnapping her or dedicating her as devadasi for commercial gains by providing deterrent punishment including capital punishment for such trafficking and for rehabilitation of and other welfare measures for such girl child to be undertaken by government and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title, and extent1 (1) this act may be called the girl child (prevention of commercialised trafficking, rehabilitation and welfare) act, 2015(2) it extends to the whole of india 2 in this act, unless the context otherwise requires,—definitions(b) "girl child" means a female who is below the age of eighteen years; (c) "prescribed" means prescribed by rules made under this act;5(d) "trafficking" includes forcing the girl child into prostitution or for any unlawful and immoral purpose or procuring or supplying the girl child for such purpose or dedicating the girl child as devadasi or bhavin to ultimately end up as prostitute or hiring or obtaining possession of  the girl child for promiscuous sexual purposes; and(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 same meanings, respectively assigned to them in those acts103 (1) the commercialised trafficking of girl child, in any manner, whatsover, is hereby prohibitedprohibition of girl child trafficking for commercial purposes(2) whoever contravenes the provisions of sub-section (1) shall be guilty of an offence under this actpenalty154 notwithstanding anything contained in any other law for the time being in force, whoever,—(a) forces a girl child to prostitution for commercial gains, notwithstanding the family relation of such girl child with the accused, shall be punished with death;(b) lures, procures or takes charge of a girl child for indulging in immoral traffic of such girl child for the purposes of prostitution or for any unlawful and immoral purpose, shall be punishable with imprisonment for life and also with fine which may extend to five lakh rupees;20(c) hires or otherwise obtains possession of a girl child for her promiscuous sexual abuse shall be punished with life imprisonment and also with fine which may extend to five lakh rupees;25(d) provides a girl child to his customers including any domestic or foreign tourist for prostitution or for any unlawful and immoral purpose shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but may extend to life imprisonment and also with fine which shall not be less than two lakh rupees but may extend to five lakh rupees; and30(e) dedicates a girl child as devadasi or bhavin, notwithstanding that the person is a natural guardian of the girl child, shall be punishable with imprisonment which shall not be less than five years but may extend to ten years and also with fine which may extend to one lakh rupees355 (1) any girl child forced into commercialised trafficking covered under this act shall be rescued by the appropriate government through the local police and produced before a magistrate or judicial officer so designated by such government for being lodged in a shelter home which shall be established by that appropriate government(2) every girl child rescued and lodged in a shelter home under sub-section (1) shall be provided,—girl child forced into commercialised trafficking to be rescued by the appropriate government(a) boarding and lodging with meals and other necessities of daily life free of cost;40(b) medical care free of cost; (c) education including vocational, technical and medical education including trainingwherever required free of cost;(d) public employment through reservation and other means; and (e) such other facilities as may be prescribedwelfare measures6  the appropriate government shall provide rehabilitation and such other welfare measures for a rescued girl child, forced into commercialised trafficking in such manner as may be prescribed57 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds, from time to time, for carrying out the purposes of this actcentral government to provide funds act to have overriding effect8 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 force109 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time in forceact to supplement other laws power to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1520(2) every rule made 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 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 rule statement of objects and reasonsit is a matter of grave concern that these days commercialised trafficking of girl child is going on in a very large scale and many a time in the name of adventure tourism in many parts of the country particularly, in goa, mumbai, odisha, rajasthan, tamil nadu, kerala and other tourist destinations unfortunately, girl child trafficking or prostitution is rampant not only in our country but throughout the world and more so, in asian and african countries where poverty persists in a big way more and more adolescent girls are being forced into commercialised prostitution by pimps, anti-social elements, organised criminal gangs, brothel keepers, hoteliers, tour operators and in many cases even by their natural guardians and near and dear ones mostly the girls are lured on one pretext or the other promising a decent and comfortable lifestyle and forced into trafficking in other cases the girls are kidnapped and forced into prostitution the girls are now even brought in from neighbouring countries like nepal, bangladesh, myanmar, bhutan, etc for commercialised trafficking by organised gangs in some parts of the country the young girls are dedicated to temples as devadasi or bhavin and then used for trafficking for this shoddy affairs all the tourists cannot be blamed but a few tourists do indulge in sex tourismthe lives of the girls children prostitutes are in constant danger due to deadly aidsand other sexually transmitted diseases but those who are involved in commercialised girls child trafficking are least bothered about these hapless girl children and deserve deterrent punishment it is, therefore, proposed that whoever forces a girl child into prostitution should be awarded death penalty those who procure the girl child for sexual pleasure and those who provide the girl child to the clients should get life imprisonment similar other proposals have also been made in this bill so that the hapless innocent girls are saved not only from the cruel and inhuman profession of prostitution but also from the dreaded disease of aids and other sexually transmitted diseaseshence this billnew delhi;sunil kumar singhjuly 6, 2015 financial memorandumclause 5 of the bill provides for the establishment of shelter homes for the rescued girls child from trafficking with provision of basic necessities of life, education, medical care, etc clause 6 provides for rehabilitation and other welfare measures for rescued girl child clause 7 provides for adequate funds to be provided by the central government for carrying out the purposes of this act the bill, therefore, if enacted will involve expenditure from the consolidated fund of india though it is very difficult to estimate the expenditure at this juncture it is estimated that a sum of rupees five hundred crore may involve as recurring expenditure per annuma sum of rupees one thousand crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———— a billto provide for the  prevention of commercialised trafficking of girl child wherein a girlchild is forced into prostitution after luring, procuring or kidnapping her or dedicating her as devadasi for commercial gains by providing deterrent punishment includingcapital punishment for such trafficking and for rehabilitation and otherwelfare measures for such girl child to be undertaken by governmentand for matters connected therewith and incidental thereto————(shri sunil kumar singh, mp)