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[1].

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"[2]. "Government-run protective homes often run above capacity, lack material resources, sensitised staff or trained counsellors.

In several homes, residents face corporal punishment does not get adequate medical and legal assistance and are not enrolled in education or skills development"[3]. The concept of protective homes are narrow, outdated, and stereotypical, most of the homes providing victims with some work like sewing skills and cooking, while others getting educated and option for marriage as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 on[4].

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 laws.

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 not include:

1. a shelter where under-trials may be kept in pursuance of this Act, or
2. a corrective institution;[5]

According to Section 21[6] which also talks about the licence required for establish protective homes and correctional facilities.

The Section as follows:

1. The power of State Government to establish protective homes and correctional institutions.
2. Only the State Government maintain protective home or correctional institution except licence issued by State Government.
3. 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 months.
4. The State Government is requires to investigate that person who want licence for establishment of protective home.
5. The licence is issued unless revoked and it should be renewed before thirty days of expiration.
6. Under this Act no issued or renewed licence shall be transferable.
7. 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.
8. The licence which revoked in previous section, the protective home of that holder shall cease from date of revocation.
9. The State Government may also do some changes in any issued or renewed of licence.
   9A. The State Government may transfer inmates to one protective home to another protective home when it is desirable.
10. 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.

Case Study

Budhadev Karmaskar vs. State of West Bengal, 2022[7]

• Facts:
  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:
  
  1. Prevention of Trafficking,
  2. Rehabilitation of sex workers who wish to leave sex work, and
  3. Conditions conducive for sex workers who wish to continue working as sex works with dignity.
      
• Order:
  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.
   
• Directions
  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 time-bound manner.

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."[8]

Ujjawala Scheme

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[9].

Objective:

1. 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.
    
2. To make it easier to remove victims from the scene of their exploitation and to secure their possession.
    
3. 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.
    
4. To make it easier for the victims to reintegrate into their families and community at large.
    
5. To make it easier for victims who were injured across borders to return to their home nation.

 

S.No.	State	Protective Homes	Date Of Commencement Of Project
1	Andhra Pradesh	17	2008-14
2	Assam	21	2009-14
3	Arunachal Pradesh	2	2012-15
4	Bihar	3	2012-13
5	Chhattisgarh	4	2013-14
6	Gujarat	4	2013-14
7	Haryana	1	2013
8	Karnataka	22	2008-13
9	Kerala	3	2009-12
10	Maharashtra	17	2008-14
11	Mizoram	2	2010-13
12	Manipur	11	2008-13
13	Madhya Pradesh	1	2012
14	Nagaland	1	2013
15	Orissa	17	2008-13
16	Punjab	1	2010
17	Rajasthan	8	2012-14
18	Tamil Nadu	4	2008-10
19	Uttarakhand	4	2010-13
20	Uttar Pradesh	8	2009-14
21	West Bengal	2	2010

Source[10]

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 Magistrate.

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.

End-Notes:

1. 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.
2. Children in Alternate Care. (n.d.)., https://www.unicef.org/eca/definitions.
3. Trafficking in Persons Report: India, (2020), https://www.state.gov/reports/2020-trafficking-in-persons-report/india/.
4. 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.
5. Section 2 (g) of Immoral Traffic (Prevention) Act, 1956.
6. Section 21 of Immoral Traffic (Prevention) Act, 1956.
7. Criminal Appeal No. 135/2010.
8. https://indiankanoon.org/doc/111918028
9. Ujjawala New Scheme, (2016), https://wcd.nic.in/sites/default/files/Ujjawala%20New%20Scheme.pdf.
10. 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