A correctional institution is defined as "a place where a person in need of
correction or reformation may be kept". India still supports the reformative
philosophy of punishment. The strategy of reformative is changing the life of
person who come here for reformative and rehabilitation. It serves as tool for
self-actualization and also helps people to develop to learn how to forget crime
they have done.
A protective home, on the other hand, is "an institution where people in need of
care and protection are kept", the vital equipment and other amenities required
for the institution's effective operation, under the supervision of technically
qualified experts. The ITPA prohibits forcing an adult victim into a penal
facility. These two are also different institutions in which the former includes
a home or shelter where under-trials are kept in accordance with their act while
the later does not include a shelter or corrective institution where those who
are under trial.
The role of protective homes is to provide protection and care to the victims of
immoral trafficking. And provide them food, shelter, basic needs and work
through which they earn some money for her family. It helps to determine the
methods that work at the time of rehabilitating minor victims in alternate care.
"It is an alternate care option is designed as a safe place, with the ability to
take in a large number of victims at one time and offer uniform basic services
to all the residents". "Government-run protective homes often run above
capacity, lack material resources, sensitised staff or trained counsellors.
several homes, residents face corporal punishment does not get adequate medical
and legal assistance and are not enrolled in education or skills
development". The concept of protective homes are narrow, outdated, and
stereotypical, most of the homes providing victims with some work like sewing
skills and cooking, while others getting educated and option for marriage as
plan for rehabilitation. And this also wants their life to restart and move
Legislation in India
The Indian Government for curbing the issue related immoral trafficking in
women, enact the Act of "Immoral Traffic (Prevention) Act, 1956" (ITPA) and an
act made "for the prevention of immoral traffic". The aim and objective of this
Act is to provide protection and care to the victims and also help them to
rehabilitate her. It also provides punishment to offenders of immoral
trafficking and there are many rehabilitation and protective homes established
at District, State and National level.
Other than ITPA, there are many laws which deals with trafficking and
prostitution such as "Juvenile Justice (Care and Protection of Children) Act,
2015", "Indian Penal Code, 1860", "Constitution of India, 1950", and other state
The definition of "Protective Home" given under Section 2 (g) which "means an
institution by whatever name called (being an institution established or
licensed as such under section 21), in which persons, who are in need of care
and protection, may be kept under this Act and where appropriate technically
qualified persons, equipment and other facilities have been provided, but does
- a shelter where under-trials may be kept in pursuance of this Act, or
- a corrective institution;
According to Section 21 which also talks about the licence required for
establish protective homes and correctional facilities.
The Section as follows:
- The power of State Government to establish protective homes and
- Only the State Government maintain protective home or correctional
institution except licence issued by State Government.
- On the application by person who establish protective home to the State
Government and it required to fulfil certain condition to get licence that the
protective home is for women and application is made between the periods of six
- The State Government is requires to investigate that person who want licence
for establishment of protective home.
- The licence is issued unless revoked and it should be renewed before thirty
days of expiration.
- Under this Act no issued or renewed licence shall be transferable.
- Any person whom licence were issued under this section, commit breach of any
condition then State Government may imposed penalty and revoked the licence. And
further no order shall be made for revocation of licence until give an
opportunity to present show cause.
- The licence which revoked in previous section, the protective home of that
holder shall cease from date of revocation.
- The State Government may also do some changes in any issued or renewed
9A. The State Government may transfer inmates to one protective home to another
protective home when it is desirable.
- Person who maintains or establish Protective Home shall be punishable in
case of first offence with fine extend to 1000 Rupees and in case of second
offence with imprisonment for term may extend to 1 year or fine with extend
to 2000 Rupees or both.
This section of ITPA, provide protection to victims of trafficking and establish
protective homes all over the states.
Budhadev Karmaskar vs. State of West Bengal, 2022
The facts of the case that the deceased who is sex worker is brutally rape and
murder because of refusing sexual intercourse with accused. Then the High Court
of Calcutta passed order of conviction to accused and imposed punishment of life
imprisonment. Then accused filed an appeal to Supreme Court and challenged the
order of High Court.
For this purpose, the Constitutional Panel is established to provide scheme
for uplifting of sex workers.
The term of reference made by panel on the bases of:
- Prevention of Trafficking,
- Rehabilitation of sex workers who wish to leave sex work, and
- Conditions conducive for sex workers who wish to continue working as sex
works with dignity.
The Supreme Court passed the order with respect to PIL on 19th May 2022 for
implementation of court direction until new legislation is made for upliftment
of sex worker.
The court accept the recommendation of Constitutional Panel relate only to the
rehabilitation measures in respect of sex workers and other connected issues.
"The particular direction is that the State Governments may be directed to do a
survey of all ITPA Protective Homes so that cases of adult women, who are
detained against their will, can be reviewed and processed for release in a
And further the third term was re-defined by adding "with
respect to Article 21 of Indian Constitution" that states every person have a
Fundamental Right to live with dignity and human decency. The recommendation of
the panel was to give direction to Central Government to widen and alter the Ujjwala Scheme within period of 6 month from the date of order."
The Ministry of Women and Child Development under Government of India is
implementing the Ujjawala Scheme for "prevention of trafficking and rescue,
rehabilitation, re-integration and repatriation of victims of trafficking". The
scheme provides for their reformation through shelter, food, counselling,
medical and legal aid and vocational training, under the Ujjawala scheme, 162
Protective and rehabilitative Homes have been set up which can accommodate upto
8100 trafficked victims.
- To stop the trafficking of women and children for the purpose of
commercial sexual abuse, local communities must be mobilised, awareness-raising campaigns
must be implemented, and workshops, seminars, and other public forums must be
used to stimulate public discussion.
- To make it easier to remove victims from the scene of their exploitation
and to secure their possession.
- To provide victims with both short-term and long-term rehabilitation
services by meeting their most basic requirements, such as housing, food,
clothing, medical care including counselling, legal aid and guidance, and job training.
- To make it easier for the victims to reintegrate into their families and
community at large.
- To make it easier for victims who were injured across borders to return
to their home nation.
|Date Of Commencement Of Project
Conclusion & Suggestions
The protective home is a home for girls and women who is victim of trafficking
and prostitution and they have to rescue from this. The inmates in protective
home are provided basic and necessary needs such as shelter, counselling,
safety, clothing, medical treatment, food, training to develop skills, etc. In
accordance with the Prevention of Immoral Traffic Act of 1956, they are admitted
to the facility on the instructions of the Judicial Court and Sub-Divisional
As an alternative care option, protective homes are intended to
provide a secure setting where several victims can be accommodated at once and
get the same basic services. However, because each person has a unique set of
circumstances, life experiences, and levels of trauma, the rehabilitation
alternatives available here seem general and "one-size-fits-all," giving
patients little choice and giving the impression that all decisions are being
made for them.
Only 21 of India's 28 states have Protective Homes, according to the Ujjawala
scheme. Therefore, it can be suggested that the government build as many
protective homes as possible throughout the states to offer protection and meet
their fundamental needs and also to the states where no protective home is
present because it is problematic to that state where it is not present and
State Government is transfer their inmates to other protective homes.
So, it is
required to establish protective home to everywhere. And there is requirement of
time to time inspection to protective home which are already established
regarding proper implementation of laws. And also provide facilities and
activities which are help them to develop their skills.
- Shebin Saji, "All You Need to Know About the Immoral Traffic (Prevention)
Act, 1956", IPleaders, (11 February, 2023, 15:30 PM), https://blog.ipleaders.in/need-know-immoral-traffic-prevention-act-1956/#Protective_homes_and_corrective_institutions.
- Children in Alternate Care. (n.d.)., https://www.unicef.org/eca/definitions.
- Trafficking in Persons Report: India, (2020), https://www.state.gov/reports/2020-trafficking-in-persons-report/india/.
- Raji Menon Debnath a & Havovi Wadia, "Rehabilitation of Minor CSE Victims at
Alternate Care Protective Homes", SAGE Publication India Pvt Ltd, (2021),
Available at- https://www.viplafoundation.org/wp-content/uploads/2021/10/Rehabilitation-of-Minor-CSE-Victims-at-Alternate-Care-Protective-Homes.pdf.
- Section 2 (g) of Immoral Traffic (Prevention) Act, 1956.
- Section 21 of Immoral Traffic (Prevention) Act, 1956.
- Criminal Appeal No. 135/2010.
- Ujjawala New Scheme, (2016), https://wcd.nic.in/sites/default/files/Ujjawala%20New%20Scheme.pdf.
- Ujjawala Home, (2015), https://wcd.nic.in/sites/default/files/ujjawala%20Home25.8.2015.pdf.
Award Winning Article Is Written By: Ms.Muskan Khandelwal
Authentication No: MR308953612712-30-0323