Lok Sabha Question No. 1605 (UNSTARRED), answered on 2023-02-10
Subject: Survey about Sex Workers
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Asaduddin Owaisi

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.1605 TO BE ANSWERED ON 10.02.2023

## SURVEY ABOUT SEX WORKERS

## 1605.  SHRI ASADUDDIN OWAISI :

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether 30 percent out of more than 40 lakh sex workers at present in the country are children;
- (b) if so, whether his Ministry has recently conducted any survey about sex workers in the country and the presence of children in the trade;
- (c) if so, the details thereof;
- (d) the schemes launched by the Government for welfare, rescue and rehabilitation of sex workers especially of children;
- (e) whether there is no coordination between police, State Governments and State law and order agencies in regard to rescue and trafficking of children especially from tribal areas; and
- (f) if so, the corrective steps taken or being taken by the Government in this regard?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a) to (f) : The Ministry of Women and Child Development is administering the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) which is the primary legislation  for  ensuring  safety,  security,  dignity  and  well-being  of  children.  The  Act provides for protection of children in need of care and protection and those in conflict with  law  by  catering  to  their  basic  needs  through care,  protection,  development, treatment  and  social  re-integration.  It  defines  standards  of  care  and  protection  to secure the best interest of child. The children in need of care and protection includes trafficked children among others.

Under the JJ Act, 2015 (Sections 27-30), the Child Welfare Committees (CWCs) have been empowered to take decisions with regard to the children in need of care and protection, keeping their best interest in mind. For every district, one or more CWC are formed to exercise the powers and discharge the duties conferred on such Committees in relation to Child in Need of Care and Protection (CNCP). The committee consists of a  Chairperson  and  four  other  members  as  the  State  Government  may  think  fit  to appoint,  of  whom  at-least  one  is  a  woman  and  another,  an  expert  on  the  matters concerning children. A CNCP may be produced before CWC, or it may take suo-motu cognizance of cases and reach out to children in need of care and protection, who are not  produced  before  the  committee.  The  CWC  ensures  care,  safety,  appropriate rehabilitation  or  restoration  of  CNCP  based  on  the  child's  care  plan  and  passes necessary directions to parents/ guardians/ children's homes/ fit facility in this regard.

The CWC functions as a bench of the magistrate and possesses powers conferred by the Code of Criminal Procedure Code on a Metropolitan Magistrate. A child in need of care  and  protection  is  to  be  produced  before  the  CWC  within  24  hours.  The  Act provides for mandatory reporting of a child found separated from his/her guardian. Nonreporting has been treated as a punishable offence. They are also mandated to monitor the function of the Child Care Institutions (CCIs).

At the national and state level, the JJ Act authorizes the National/State Commissions for  Protection  of  Child  Rights  to  monitor  the  implementation  of  the  Act  (Section 109).   Further,  as  per  section  106  of  JJ  Act,  2015,  the  primary  responsibility  and execution of the JJ Act, 2015 lies with the States/UTs.

Section  107  of  the  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2015 provides for creation of a Special Juvenile Police Unit (SJPU) by State Governments/UT Administrations for every district and city to coordinate all functions of Police related to children.

The Ministry is implementing a centrally sponsored scheme namely 'Mission Vatsalya' (erstwhile  Child  Protection  Services  (CPS)  Scheme)  through  the  State  and  UT Governments on predefined cost sharing pattern for delivering services for children in difficult  circumstances.   The  Child  Care  Institutions  (CCIs)  established  under  the Mission  Vatsalya  Scheme  support inter-alia age-appropriate  education,  access  to vocational training, recreation, health care, counselling etc.

The Central Government has been supplementing the efforts of the State Governments/ UT Administrations by undertaking various initiatives and measures with regard to law and order. It has provided financial assistance under 'Nirbhaya Fund' to all States/ UTs during the financial years 2019-20 and 2020-21 for strengthening the existing  Anti  Human  Trafficking  Units  (AHTUs)  and  for  establishing  new  AHTUs covering  all  districts  of  the  States/  UTs.  In  addition,  the  Central  Government  also provides financial assistance to States and UTs for holding 'Judicial Colloquiums' and 'State level conferences' on periodic basis for sensitizing judicial and police officials and to make available to them updated information on latest provisions of law relating to  human  trafficking.  The  Ministry  of  Women  and  Child  Development  under  the umbrella  scheme for safety,  security  and  empowerment of  women  named 'Mission Shakti'  is  implementing  the  component  of  'Shakti  Sadan',  under  which  earstwhile schemes  of  'Ujjawala'  and  'Swadhar  Greh'  have  been  merged.  The  component  of 'Shakti Sadan' has provisions for prevention of trafficking and rescue, rehabilitation, reintegration and repatriation of victims of trafficking for commercial sexual exploitation across  the  country.  State  Governments  are  responsible  for  identifying  districts  that need  immediate  attention  to  address  the  issue  of  trafficking.  The  objectives  of  the scheme inter alia include (i) providing rehabilitation services, both immediate and longterm, to the victims by providing basic amenities/ needs such as shelter, food, clothing, medical treatment including counseling, legal aid and guidance and vocational training, and (ii) facilitating reintegration of the victims into the family and society at large.

Further,  as  per  information  received  from  National  Commission  for  Women,  the Commission has organised a Consultation on 'Conditions conducive to sex workers to live with dignity' on 05.08.2022 with stakeholder to understand the issues faced by sex workers and take recommendations to attempt mainstream the rights of sex workers. Report regarding sex workers including children in the country is not available in the Ministry.