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AMENDMENT TO IMMORAL TRAFFIC PREVENTION ACT, 1956 MINISTRY OF WOMEN AND CHILD DEVELOPMENT

BACKGROUNDNational Law School University of India, Bangalore was assigned to review ITPA, 1956Proposal submitted by National Law School was examined by National Commission for WomenRecommendations of National Commission for Women was considered by Central Advisory Committee on Combating Child Pr

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AMENDMENT TO IMMORAL TRAFFIC PREVENTION ACT, 1956 MINISTRY OF WOMEN AND CHILD DEVELOPMENT

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    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

    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 Article 14 – Equal Rights and Opportunities in Political Economic and Social Spheres Article 15 – Prohibits discrimination on grounds of sex Article 15(3) – Enables affirmative discrimination in favour of women Article 39 – Equal means of livelihood and equal pay for equal work Article 42 – Just and Humane conditions of work and maternity relief Article 51(A)(e) – Fundamental Duty to renounce practices, derogatory to dignity of women Complementary role for Women’s Component Plan and Gender Budgeting to ensure that women receive their rightful share in development. Implementation of National Policy for Empowerment of Women 2001 through equal access in political, economic and social life and Mainstreaming gender perspective into the development process Article 14 – Equal Rights and Opportunities in Political Economic and Social Spheres Article 15 – Prohibits discrimination on grounds of sex Article 15(3) – Enables affirmative discrimination in favour of women Article 39 – Equal means of livelihood and equal pay for equal work Article 42 – Just and Humane conditions of work and maternity relief Article 51(A)(e) – Fundamental Duty to renounce practices, derogatory to dignity of women Complementary role for Women’s Component Plan and Gender Budgeting to ensure that women receive their rightful share in development. Implementation of National Policy for Empowerment of Women 2001 through equal access in political, economic and social life and Mainstreaming gender perspective into the development process

    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. Union 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 Holistic approach to women’s empowerment: Social (education, health, status in family etc) Economic (asset ownership, share in income, skills, appropriate technology etc) Political (participation in decision making) Holistic approach to women’s empowerment: Social (education, health, status in family etc) Economic (asset ownership, share in income, skills, appropriate technology etc) Political (participation in decision making)

    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 a)Refining and standardizing methodology and development of tools. Trend Analysis shift in priorities in allocation across clusters of services etc, Variations in allocation of resources and actual expenditure.  Adherence to physical targets b) Research and micro studies to guide macro policies like credit policy, taxes etc Identification of gender impact of policies/interventions viewed as gender neutral Micro studies to identify need for affirmative action in favour of women towards restoring gender imbalances c) Micro studies on incidence of benefits Analysis of cost of delivery of services Investment in agri- but women don’t own land- get remuneration as casual labour- lowest paid. Instead more invt in dairya)Refining and standardizing methodology and development of tools. Trend Analysis shift in priorities in allocation across clusters of services etc, Variations in allocation of resources and actual expenditure.  Adherence to physical targets b) Research and micro studies to guide macro policies like credit policy, taxes etc Identification of gender impact of policies/interventions viewed as gender neutral Micro studies to identify need for affirmative action in favour of women towards restoring gender imbalances c) Micro studies on incidence of benefits Analysis of cost of delivery of services Investment in agri- but women don’t own land- get remuneration as casual labour- lowest paid. Instead more invt in dairy

    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 a) Developing MIS for feed back from implementing agencies Inclusion of new parameters in data collection in Census and surveys by NSO, CSO etc b)Collation of research and exchange of best practices,Developing Tools for dissemination Forums and Partnerships amongst experts and stakeholder. a) Developing MIS for feed back from implementing agencies Inclusion of new parameters in data collection in Census and surveys by NSO, CSO etc b)Collation of research and exchange of best practices,Developing Tools for dissemination Forums and Partnerships amongst experts and stakeholder.

    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 The purpose of gender budgeting is to assess quantum and adequacy of allocation of resources for women and establish the extent to which Gender commitments are translated in to Budgetary commitments. This exercise facilitates increase in accountability, transparency and participation of the community. The macro policies of the Government can have a significant impact on gender gaps in various macro indicators related to health, education, income, etc The purpose of gender budgeting is to assess quantum and adequacy of allocation of resources for women and establish the extent to which Gender commitments are translated in to Budgetary commitments. This exercise facilitates increase in accountability, transparency and participation of the community. The macro policies of the Government can have a significant impact on gender gaps in various macro indicators related to health, education, income, etc

    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

    36. Micro-level Planning

    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

    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

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