1. AMENDMENT TO IMMORAL TRAFFIC (PREVENTION) ACT, 1956 MINISTRY OF WOMEN AND CHILD DEVELOPMENT

2. BACKGROUND National Law School University of India, Bangalore was assigned to review ITPA, 1956 Proposal submitted by National Law School was examined by National Commission for Women Recommendations of National Commission for Women was considered by Central Advisory Committee on Combating Child Prostitution

3. Major Amendments Proposed

4. Amendments to get ITPA in line with CRC & UN Optional Protocol on Trafficking Age of child raised from sixteen years to eighteen year Definition of ‘Trafficking in Persons’ for Commercial Sexual Exploitations included as per UN Protocol In-Camera proceedings in court cases to safeguard privacy of victims

5. Amendments for enhancing punishments for Traffickers, Brothel Keepers and Clients Imprisonment for a period of not less than 7 years and life imprisonment for second or subsequent conviction for trafficker Minimum punishment increased for managing brothel from one years imprisonment to two years imprisonment. Maximum fine increased from Rs. two thousand to Rs. Ten thousand for first conviction and Rs. two lakhs for second or subsequent convictions.

6. Punishment including imprisonment and fine for clients visiting brothel. Confiscation of property of persons involved in trafficking in persons. Fine of Rs. one lakh for detaining any person in a premises where prostitution is carried on.

7. Deletion of Section 8 & 20 Sec 8 which punishes victims for soliciting and Section 20 which removes prostitutes from any place are to be deleted. It is found that more cases under these sections are booked against victims which revictimises them, and allows traffickers, clients etc. to go scot free.

8. Setting up of Anti-Trafficking Nodal Authority Central Anti-Trafficking Nodal Authority, on the line of Narcotics Control Bureau at Centre, to be set up. State Authorities in States to be set up.

9. Points for action Sensitization of police and other agencies Recruiting women police for trafficking, mahila desks State agencies to undertake special drives in vulnerable areas Improve performance of booking and convicting traffickers US Report on trafficking has placed India on Watch List, Tier 2 embarrassment for the country

10. Points for discussion US Report has acknowledged efforts of MWCD in prevention and protection Need to fix targets for rescue and actual rescue Networking and sharing of information between sates which have vulnerable organ, transit and destination points Data base to be developed Problems in repatriating to neighbor countries

11. BALIKA SAMRIDHI YOJANA  Launched in1997 with the objective of rising the overall status of the girl child  Aimed at bringing about a positive change in the family and community attitude towards girl child  Scheme revised in 1999  Covers up to two girl children born on or after 15 th August 1997  Entitled to post-delivery grant of Rs. 500/- deposited in an interest bearing bank account and a scholarship ranging from Rs 300 to 1000 for each class of study successfully completed

12. CURRENT STATUS  No funds have been released in the last two years as a large amount of funds were lying unutilised with the States.  An evaluation study on the implementation of BSY has been entrusted to NIPCCD in eight major states.  A proposal to transfer the scheme to states is also under consideration in National Development Council.

13. Prevention of female foeticide Alarming decline in female sex ratio from 967(1961) to 927 in 2001 (0-6 years) affected States include Punjab, Haryana,etc Misuse of PNDT Act and fetal sex determination If trend continues women will become endangered species; societal imbalances leading to polyandry etc

14. Steps to counter female feticide Effective implementation of PNDT Act Notification of appropriate authorities in for taking action against culprits Wide spread awareness programmes on importance and value of girl child Cradle baby scheme financial support to girl child like insurance scheme

15. GENDER BUDGETING

16. Objectives : De-mystifying Gender Budgeting- Familiarization with the Concept and Approach Introducing Tools of Gender Budgeting Reviewing latest developments Evolving consensus on approach at Centre & State Level Formulating Strategy and Capacity Building

17. Gender Budgeting Concept Rationale Medium for socio-economic development Medium for introducing economic efficiency In action-Field level reports on Gender Budgeting initiatives Tools of Gender Budgeting

18. Gender Budgeting- a definition “Gender budget initiatives analyse how governments raise and spend public money, with the aim of securing gender equality in decision-making about public resource allocation; and gender equality in the distribution of the impact of government budgets, both in their benefits and in their burdens. The impact of government budgets on the most disadvantaged groups of women is a focus of special attention.”

19. Thus Gender Budgeting is An exercise to translate stated gender commitments of the Government into budgetary commitments. –Strategy for ensuring Gender Sensitive Resource Allocation and a tool for engendering macro economic policy Entails affirmative action for empowering women Covers assessment of gender differential impact of Government Budgets and policies (Revenue and Expenditure). –Enables Tracking and Allocating resources for women empowerment –Opportunity to determine real value of resources allocated to women

20. Gender commitments in the Indian context Constitutional Provisions Legal Framework –Women Specific Laws –Laws affecting Women Policies- National Policy for Empowerment of Women Women’s Component Plan Public Expenditure Programmes

21. Commitment in Budget 2005-06 Departments in Union Government to Undertake review of Public Expenditure profile Conduct beneficiary incidence analysis Recommend specific changes in operational guidelines of schemes from a gender perspective

22. Unio n Budget 2006-07 takes Gender Budgeting forward Allocation of Rs. 28,737 cr. for benefit of women Monetary incentive to encourage education of the girl child 24 Demand for grants in 18 Ministries and Departments Gender Auditing to be made mandatory from next year onwards

23. The Approach of MWCD to Gender Budgeting Not an accounting exercise An ongoing process to keep gender perspective in policy/ program formulation, implementation and review Extend gender based review at all levels of governance- Centre, State, District, town and village Public Sector Units and Autonomous Bodies and other beneficiaries of public expenditure are included. To Mainstream Gender Concerns

24. Holistic approach to Empowerment Health & Nut. Education Water & San. Skills Technology Credit Political Participation Marketing Asset base

25. Mission Statement-”Budgeting for Gender Equity” Strategic Framework of Activities Quantification of allocation of resources for women Gender Audit of policies of the Government Impact assessment of various schemes in the Union and State budgets

26. Analysis of schemes and policy initiatives and link them with impact on status of women related Macro Indicators Institutionalizing the generation and collection of gender dis-aggregated data Consultations and Capacity building Promotion of gender equity in participation of decision making Satellite Accounts

27. Approach and Dimensions of Strategy Empowerment has to be –Holistic (Political, Social and Economic) –Universal (equal opportunity and level playing field) –Participative and Inclusive

28. Why Gender Mainstreaming ? Bulk of public expenditure and policy concerns in “gender neutral” sectors Women are bound to be impacted- gender differentials have to be recognized Efficiency lies in empowering women- the success of Karnataka

29. Gender Mainstreaming & its impact on socio-economic development Concept of gender mainstreaming Rationale of gender mainstreaming Sectoral issues in agriculture, industry, commerce, transport, power, finance, etc. Sectoral issues in social sectors like health, education, rural development, etc. Incorporation of gender concerns in major schemes of Government

30. Gender Mainstreaming covers Policies Programmes Budgetary allocations and Expenditure Outcomes and Benefit incidence Gender Audit Gender Mainstreaming targets larger percentage of budget and has a wider domain

31. Action Areas Women availing services of public utilities like road transport, power, water and sanitation, telecommunication etc. Training of women as highly skilled workers- top end skills Research/Technology for women Women in the work force Asset ownership by women Women as Entrepreneurs

32. Action Areas – cont. Implementation of Laws like –Equal remuneration –Minimum Wages –Factories Act Infrastructure for women like –Water and sanitation at workplace –Creches –Working Women Hostels –Transport services –Security

33. Gender Budgeting- an Action Plan

34. Tools of Gender Budgeting Distinction between Budgeting and Budget –Process and Results Tools for the Process –Guidelines for Gender sensitive Review of Public Expenditure and Policy –Preparation of Gender based profile of public expenditure –Beneficiary Needs Assessment –Impact Analysis of public expenditure and policies- policy & programme design change in quantum of allocation implementation guidelines –Beneficiary Incidence Analysis –Participative Budgeting

35. Macro level Gender Budgeting Gender Based Profile of Public Expenditure- Situational Analysis/Benchmark Enhancement in Allocation to meet Targeted outcomes for women Monitoring Releases and Utilization of Funds and achievement of Physical Targets and outcomes Re-prioritization in Allocations based on inputs from Micro level Gender Budgeting Complete Budget Sectors

36. Micro-level Planning Spatial Mapping of Infrastructure (Water Sanitation, Electricity, Roads) & Employment Opportunities Synergy in allocation of resources across levels of governance, programmes and Departments Assessing gaps and identifying resources required Universal Coverage and Access

37. Micro Level Impact Assessment of Schemes/Programme/ Delivery of Services Beneficiary Needs assessment at field level Change in programme design/allocation/implementation Convergence of services Take in to account regional imbalances/ geographical constraints

38. Gender Analysis of State Budgets Research Study – Decadal trend

39. Preliminary Findings Higher percentage share of states in expenditure on women Expenditure on Health is largest component Broad trend reflects increase in expenditure Wide annual fluctuations in many states Some states reflect relatively less expenditure compared with population of women

41. Activities of the Ministry Tools of Gender Budgeting Dissemination of Concepts, Approach and Tools through Workshops –At the Centre –At State level Setting up of Gender Budget cells- new areas like Telecom, Power, Petroleum, Heavy Industries Planning for Capacity Building in partnership with DOPT, LBSNAA, ASCI and other apex training institutes Consultations with Stakeholders

42. Pursuit of Gender Concerns with various Ministries –Kerosene Subsidy –Interest Subsidy (Small savings schemes) –Health Insurance for women and children –Women and Girls in Sports –Engendering planning process and outcome budgets –Carbon Emission Credits to fund alternative sources of energy for women

43. Activity Map for 2006-07 Follow up on action taken on priority sectors for women identified in State level Workshops Capacity Building in Administrative Cadres Coordinating with and support to Gender Budget cells in Ministries

44. Thank you

45. 42 laws specifically related to women ‘ Protection of women from Domestic Violence’ was notified on 16.9.2005 ‘ Prevention of Sexual Harrassment at Workplace’ will be introduced in the Parliament Amendment of Commission of Sati Prevention Act,1987 & involvement of PRIs is under active consideration by MWCD

46. Amendments to Immoral Traffic Prevention Act is being presented in the ensuing session of Parliament Amendments to Prevention of Child Marriage Bill, 2004 been put up for approval of Cabinet ‘ Compulsory Registration of Marriages’ Bill sent to Legislative Department

47. Thank You