This item indirectly refers to broad term labour which would cover both organized and unorganized sector labourers. It refers to safety regulations to be formed which would protect labourers form poor working conditions risking their life. Interpretation of this item will cover migrant labourers as well. This is a prominent clause as any careless will risk a labourers’ life. Parliament can enact laws directly over it as it is of national importance. Here state government has got no role to play.

Labourers in general are getting benefits out of this as there is check and balance on the mines and oilfields industries/factories to maintain safety protocols but sometimes they may try to escape their responsibility towards unorganized sector migrated labourers saying the item did not mention the word.

The number of inter-state migration workers is enormous and it will be a challenge to bring them under one umbrella. Even if Central Government is able to do it, there will be constraints in implementing the same. The employers and contractors’ are happy cutting corners towards liability, roping them in will not be easy. Once they are under one roof, the country will have sustainable growth and equity.

Union and State Government are waning to be the provider of proper conditions for migrated workers. The repercussion has been quiet evident. Many employers and contractors have avoided the registration process of the labourers till date so as to escape liabilities towards labourers. Many a times, they throw the labourers without even paying wages; they work in poor working conditions. It is important for Union and State Government to intervene and bring rules and regulation covering unorganized sector and migrated workers so that liability can be held. Although this is a big decision, it is high time to bring the change. There are many decisions intentionally avoided by the Government and are taken basis on vote politics.

Trade unions focus more on fee paying members and they hardly show any interest for the unorganized sector and inter-state migration workers.

Unorganized sector including Inter-state migration workers are being neglected by their own powerful brethren. They are neglected since long. Government intervention is required to integrate and improve the system to an extent that even one labourer’s woe does not go unheard.

4

Both Central and State Government are responsible for bringing schemes for marginalized community including unorganized sector labourers covering Migrant inter-state ones. To implement this item of the list, it is important for both central and state government to join hands together so as they can understand it better before formulating and implementing.

Regarding employment and unemployment, if social security benefit is to be provided, important check list requires being prepared so that undue advantage is not taken. Sometimes when you get things free without efforts, you wish not to work knowing money will come in terms of benefits. This practice should not be encouraged.

Although when we see it clearly, the migrant labourers especially the unregistered one have always been exploited and their rights have hardly been recognized. If we see in the present Item, it talks about provident find, employers’ liability, and maternity benefits. Maternity benefits are still not provided to them in Maternity Benefit Act as well. Now here still they are struggling with their basic rights to be fulfilled, what to say about these premium rights. First of all it is important to get them registered, once that is done; it will be feasible to ensure them with these rights as till date they are scattered.

6

Item no. 25 gives hint about providing training both technical and vocational to the labourers. Central and State Government can take this seriously as it is country which is going to be benefitted if their work force is skilled and trained.

Migrant labourers are definitely going be benefitted by it as they can have more employment opportunities, once trained their say may increase and also it may lead to decrease exploitation.

When we see this law in the light of migrant workers, their basic human rights are not protected; right to equality is a distant dream. They are abused at different levels. Employment even if provided to migrant labourers is at the cost of cheap wages and poor working conditions along with compromise of risking life. Discrimination is not only in religion and caste but also as human (rich/poor). Strong steps are need of the time to remove this problem from roots.

In reality when we look into, residing and living a quality life has much difference. Poor migrant labours reside where they get work but where their stay has inhumane conditions having no drinking water, proper electricity or even housing facilities. Government intervention is important to ensure the basic benefits nation-wide to marginalized community so that where ever they go in search of employment are ensured at least basic facilities.

In profession, the employer and contractor need to understand their accountability towards this class and stop taking undue advantages at cost of their life and wages. They require adopting humane approach and sensitivity towards this community.

Fundamental Rights (Constitution of India)

Migrant workers are already vulnerable with empty pockets and when they are offered work in any form, they have no choice to think about it being right or wrong. Constitution has been very strict in prohibiting the same. The Government should intervene and protect this class especially children who may have bright future in schools rather than working in life threatening environment. Strict penalty requires to be imposed on one ignores it. Inhumane practices should never be encouraged at any cost.

Infact children should go to school and receive education which is their fundamental right under educational rights (Article 29-30)

Migrant labourers hardly know their rights; it is beyond imagination that they will seek court for justice. We must not forget that in India the justice mechanism is extremely delayed and is expensive. How can this labour even think of approaching court? Changes are required at all fronts to make the life easy for this class.

DPSP is the non-justiciable rights unlike Fundamental rights which are justifiable rights. DPSP cannot be challenged by court of law. At the time when Central/ State government enacts rules and regulations, they have to keep in mind the directives of DPSP.

Many a times, Government has different strategy in mind to attract vote banks thus may ignore welfare of larger community. In our country, there is huge gap between have and have-nots. Migrant labourers’ issue is complex and at the same time requires urgent attention to bring their life at ease. Proper handholding, capacity building, vocational training, implementation of minimum wages, proper health facilities are the some of the steps to be taken for the betterment.

Right to adequate means of livelihood for all citizens

Equitable distribution of material resources of the community for the common good

Prevention of concentration of wealth and means of production

Equal pay for equal work for men and women

Preservation of the health and strength of workers and children against forcible abuse

Opportunities for the healthy development of children

The poor working condition sometimes bring darkness to their whole life in case there is permanent damage or death. Life of each human is important, Government need to keep a check through it’s’ stakeholders that this practice is not encouraged. Children should be prevented from any type of abuse or exploitation. Government must identify other stakeholders and work together to prevent it. Child is seed and if nourished properly, they would contribute to the asset building and growth of nation. India’s future depends on them. If education quality and hospitals’ health facilities are improved in the country, it will bring drastic change in the life of migrant labourers and their children.

Although it is on paper, a public prosecutor is often overloaded with cases and taking care of each and every case becomes a routine task which many a times cause injustice to a poor soul. Homework is required to increase human resource so that none of them goes unaddressed. A migrant labourer is hardly aware about the legal rights. Awareness programme is to be conducted so that they are aware of their rights and only then they would realise the injustice and would reach court of law seeking justice.

Article 41

Right to work

Right to education

Right to public assistance

Here it is advised to look after unemployed, old age, sick and disable.

For migrant labourers, they are so unfortunate that when they are healthy, they are given an environment to fall sick and so thinking that they are provided unemployment allowanced, old age pension and other benefits is a distant dream. In India social security schemes have many loopholes and migrant labourers who stay away from their homeland would hardly get any benefit in the foreign land where they are employed. The social security schemes needs to have nation-wide implementation so that wherever they are, can seek benefit.

When we talk about our domestic help, they are migrant as well, do we provide them maternity benefit no we seek an alternative or replace them or else they work till the last day they could. It is just an example to show how we react to a situation when there is a domestic help and if there is a family member in the same situation. Well, we would justify it by saying we pay taxes. But the question is humanity. The government needs to see and understand what all situation a working poor migrant women can go through and then only can assist them. There are few schemes being provided by Government but they just take care of intuitional delivery and pre natal care. National Food Security Act, 2013, talks about providing 6000INR but it is hardly implemented by states.

Government should have strict mechanism to keep an eye on providing safe working condition to labourers.

Well, when we see it in context of migrant labourers, they are not even registered with any of the trade unions, they keep moving in search of jobs from one state to another. Participation is a distant dream. Still there are many steps pending at the end of the government to ensure them a quality life

Migrant labourers are always exposed to high risk job and are constantly vulnerable to getting exposed to any disease or infection. Many migrant labourers who move alone to earn livelihood for family are often found under high risk category of AIDS. In reality the condition of most of the government hospitals are very poor and at many places there have none. Many pregnancy women die due lack of hospitals, their children are malnourished, many old or sick are excluded from proper health facility. Government need to strengthen its health facilities, increase human resources, health infrastructure and provide them needful facilities.

19

DPSP guides for proper health facility of children. India has huge number of malnourished children. Many lose their life out of it. This area needs urgent attention by the government so that wherever migrant labourers stay, they can avail facilities.

It was defined once the term “inter-state migrant workman”. The act was hope for the class that was ignored for a long time.

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Do we seriously see them being implemented, have we really experienced a labourer being aware of his/her right asking why he has to work for extra hours, why less wages, and trust me it will take not more than a minute for contractor or establishment to throw him on street.

Hardly the labourers are aware of their rights so rest is history.

Section 3

This act also ensures to appoint a registering officer as and when required by the appropriate government.

Unfortunately when a labourers is unaware of his right as well is having hand to mouth survival, can he question or inform the officer? Answer is evident in the question itself.

In reality there are many establishment who in order to avoid liability ignore this step and illegally keep labourers at job.

The act in itself is very strict on its check and balances but it is sad to know that the labourers are hardly aware of their rights and thus they never demand or get most of the benefits which are actually their rights.

Are we convinced that they are practised, if yes, why we see they suffer in silence, why we find them living in filthy conditions, why we find their family displaced, sick or infected living in inhumane conditions. Implementation is still lacking.

Is they are licensed contractors then why do we hear cases of wage cut, bad working condition, no security of job. The contractors have mostly been caught in bringing and treating the labourers as commodity in illegal manner and abusing them by all possible ways. Women workers are worst exploited at the sites through wage cut as well are physically abused.

Do we go on site and see the protocols on field as well? Law on paper and implementation is like north pole and south pole. It is very important to keep a check on the fraud practices of contractor because ultimately a human life is affected.

Getting the licence and turning a deaf year to the protocols should not be case. Appropriate authority should keep an eye on their dubious steps.

It is mandatory check to save our fellow human who are inter-state migrant labourers.

Now when we look into the section, it clearly indicates, how contractor along with establishment has to pay proper wages as well deduction if any and displacement allowance as well. Now when we go through a very important Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979point that being articulated beautifully in this section says, in case the employment period is over or there is some contingency, the labourer has right to get paid return tickets. When we ponder in reality the recent past few months, it will not take a fraction second to understand the implementation part of the law. In Covid situation it was totally violated and labourers went through a life which is dreadful even to imagine in dream. Surprisingly, the act has hardly been practised even otherwise in normal time.

– Displacement allowance. (Sec 14)

– Journey allowance etc. (Sec 15)

– Other facilities. (Sec 16)

– Responsibility for payment of wages. (Sec 17)

– Liability of principal employer in certain cases. (Sec 18)

– Past liabilities (sec 19)

And

Minimum Wages Act, Section 11 of 1948

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

How beautifully the law has entailed all-important perspectives towards labourers ensuring the safety, security health, finances and everything but what is in reality. Are the contractors seriously covering these aspects? In the recent instance of Corona where the workers provided return tickets and if they are back are they provided the wages for the time being. If they stayed with the employer, where they provided all safety measures and if by God forbid they got Covid positive what next, who will take accountability. We know the reality which is unfair and heart wrenching for the class. Urgent and immediate action is required and government needs to wake up from their slumber sleep.

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

+

IPC (Sec 175, 176)

+

Code of Criminal Procedure , 1973 (2 of 1974)

Section 94 (Warrant)

Under Indian Penal Code, section 176 and 176 can ask to produce ant document or thing or to give any information and the person will be bound under IPC to produce the same.

Inspector has an authority of warrant issued under section 94 of the Code of Criminal Procedure in order to do search or seizure.

Well we see this provision; it is strict in such a way that contractor or establishment will fear penalty as well as liability before violating rules of law. But also on the other hand, there is question in mind, a poor migrant labourer who has got nothing actually except small meagre job, even if exploited or abused, will he dare to speak truth about his employer for any discomfort he or she may be facing. Fear brings suffering. Transparency in approach will help to mitigate the problem.

Provisions regarding industrial disputes in relation to inter-State migrant workmen. (Sec 22)

Registers and other records to be maintained (Sec 23)

Obstructions (Section 24)

Contravention of provisions regarding employment of inter-State migrant workmen. (Sec 25)

Other offences (Sec 26)

Offences by companies (Sec 27)

Cognizance of offence (Sec 28)

Limitation of prosecutions (Sec 29)

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

And

Industrial Disputes Act 1947 (14 of 1947), Sec 2, and (17 of 1947 ) Section33-B

The act specifies that it is the date of recruitment that the inter-state migrant workman will be counted as employed. Whenever there is dispute the inter-state migrant workman can approach under Industrial Disputes Act 1947 (14 of 1947), Sec 2 and application can be made within the time frame of six months six months from the date of his return to the State wherein the recruitment was made after the completion of his employment, unless the Government concerned is satisfied that the applicant was prevented by sufficient cause from making the application within that period. Under (17 of 1947 ) Section33-B of Industrial Disputes act, further proceedings can be requested and whoever will be delegated authority will take the case from this stage to resolve the migrant workman dispute.

It is important for the employer to keep all records maintained of the workman and whenever the inspector approaches, and enquires it is obligation at the end of employer to show the same the records and is he refuses to cooperate or neglects the inspector, his liability of two years of imprisonment as well as 2000INR fine. If the contractor or employer contravenes or does not follow the conditions of license there is punishment of one year including fine of INR. 1000. If he does any other offences, he can be punished for 2 years along with 2000Rs Fine. If a company commits offense and every person including director, manager, secretary or any other officer involved will together be held liable. Metropolitan Magistrate or Judicial Magistrate or the First Class shall try offence under this act and no inferior court can take cognizance. The time limitation as paper the limitation act has been three months which may be extended any 6 months if written order is provided by inspector. Central government has been granted power to bring changes to the act as and when required but it has to pass by both the houses.

We saw liability as well punishment with accountability on part of Company, contractor as well as establishment but what is real picture is not hidden. Everything was on paper, still there was no implementation. Why was dislocation allowance not given to them when they had to return in Covid times? Why the money is due on them if the law is so strict in terms of wages? If the contract has been issued license to employ them then how can he leave them on roads and here is the accountability, responsibility and the liability? Why they were forced to go despite the act being so clear and specific? Why they became nobody? It is because the law in itself is obsolete and there is no check on its implementation not enforcement. How can the inter-state migrant labourers regain faith again in the system, in their employer and the country, how will they forget their silent suffering? They being poor, they may come back and work again but where is our humanity, do we question ourselves, was their rights ensured, were they protected or thrown vulnerable on road? If we say that treating them equal will be utopian at least we can treat them human.

CHAPTER XI SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANT WORKER, ETC. PART I CONTRACT LABOUR AND INTER-STATE MIGRANT WORKER

The code is very strict in terms of penalty and remedies. If the employer is not complying with the code, there can be monetary penalty of 20 lacs. In case due to noncompliance, there is death caused, there is penalty of 2 years along with monetary fine. In case of serious bodily unjust, court cam grant fine (not less than 50%) to the victim or his legal heirs. Similarly when an inspector is not cooperated during inspection, there can penalty of 1 lac and if the register is not produced along with noncompliance there can fine of 1 lac along with 3 months imprisonment and fine up to 2 lacs. Even the company liability can be made individually along with officer uncharged. Only the one who could prove due diligence while performing the task or was ignorant could be exempted. It also mentions about displacement allowance along with journey allowance.

But is it implemented, are they labourers easily getting the fine money or else their next kin or the matter is supressed.

–          Life and disability cover

–          Health and maternity benefits

–          Old age protection and

–          Any other benefit as may be determined by the Central Government

The schemes included in the Schedule 1 to this Act shall be deemed to be the welfare schemes under sub-section (1).

The Central Government may, by notification, amend the Schedules annexed to this Act.

The Central Government through schemes have reached to this class but there are many gaps in implementation, many reforms have been brought and still many are needed.

–          Employment injury benefit

–          Housing

–          Educational schemes for children

–          Skill up gradation of workers

–          Funeral assistance

–          Old age homes.

Although the scheme tries to show that it has covered most of the unorganized sector workers but to the surprise it has covered approx. 6 crores of unorganized workers out of approx. 46 crores. Also whenever there is any enactment, the state guarantees rights as mentioned in the act, whereas here the story is different. The Government of the state/Current Government will decide on its implementation which definitely makes it weak. This is the reason why it has not been successful in implementation.

When we see the amount provided in the pension, it’s meagre 300 INR or says 500INR for a month which in today market is hardly any security. It definitely needs revision and respectable amount should be provided which gives sense of security to the old citizens in true sense.

The mother may be working as wage earner, and the government should think of providing some wages as well when she is unable to work, may be through a new scheme or this one. Till date migrant women workers are not covered in maternity benefit act, it is important to cover migrant women workers in maternity benefit Act.

Benefits:

On Natural Death-INR. 30,000/-

On Death/Total permanent disability due to accident-INR. 75,000/-

On partial permanent disability due to accident-INR. 37,500/-

The premium for the scheme is INR. 200/- per member, 50 % premium under the scheme is met out of Social Security Fund set up in the year 1988-89 which is maintained by LIC. The balance 50% premium is borne by the member and/ or Nodal Agency.

Whenever there is any scheme, many are on papers and the beneficiary is not aware of the same. It is important that migrant workers are aware of it so as to seek benefit. Government can bring awareness by involving other state holders. Let’s say, if migrant workers are explained about all government schemes through their employer during their orientation or otherwise on any of the working day, the migrant workers may seek benefit of the same.

Benefits under the Scheme:

On natural death-INR. 30,000/-

On death due to accident/ on permanent total disability due to accident (loss of 2 eyes or 2 limbs)-INR. 75,000/-

On partial permanent disability due to accident (loss of one eye or one limb)-INR. 37,500/-

A separate fund called “Aam Admi Bima Yojana Premium Fund” has been set up by Central Govt. to pay the Govt. contribution. Fund is maintained by LIC. A free add-on benefit in the form of scholarship to children is also available under the Scheme.

The beneficiary that is migrant labourers/workman must be aware of all security schemes of government. Also there are discouraging government processes/steps in procuring the benefit, they run from one table to another and at times there is also scope of corruption. The system needs to be smooth and transparent so that for their own rights, they need not struggle endlessly.

Benefits under the Scheme: The State Governments are advised to incorporate the following minimum benefits in the package/scheme:

–          The unorganised sector worker and his family (unit of five) will be covered.

–          Total sum insured would be INR. 30,000/- per family per annum on a family floater basis.

–          Hospitalization expenses, taking care of most common illnesses with as few exclusions as possible

–          All pre-existing diseases to be covered

–          Transportation costs (actual with maximum limit of INR. 100 per visit) within an overall limit of INR. 1000.

Our government hospitals are already flooded with patients, doctor take their private clinics more seriously. The Health ministry needs to expand health institutions in the country both in quality as well as quantity. It is important that none of the patients go untreated.

It will help expedite implementation of 25 public infrastructure works and those related to augmentation of livelihood opportunities.

These 25 works are related to rural housing for the poor, plantations, provision of drinking water through Jal Jeevan Mission, and construction of Panchayat bhavans, community toilets, rural mandis, rural roads, cattle sheds and anganwadi bhavans, according to the Ministry of Rural Development, which is the nodal ministry for the project. The scheme was launched weeks after lakhs of migrant workers returned to their home states following loss of employment in urban centres due to the nationwide lockdown to combat the spread of COVID-19.

Why in first instance it happened. Why we could not be provider to these large unorganized labour class in the 1^st instance. It is the compensation for the silent, inhumane sufferings they went through. Why we made them 2^nd Citizen in their own country and the whole world witnessed and mocked it.

45

Union Minister has recommended the Central Government to take few steps in the direction that labourers go back to city and resume their work again.

Government is planning to enrol the migrant labourers automatically to the Pradhan Mantri Jan Arogya Yojana (PM-JAY), popularly known as Ayushman Bharat which is health insurance scheme. It will assist the labourers to have cashless health facilities at their workplace.

There is recommendation that if there is any other scheme in that state by state government with some modification, they should get the benefit of that as well.

Recommendation has been made to formulate “Migrant Workers Welfare Fund” where each migrant worker would be automatically enrolled into the fund and they will work on the concept of equal contributions from worker, employer, home state government, destination state government and the central administration.

It will be basically looked after by labour ministry and will focus on the workers’ requirements and needs of accommodation, health insurance and unemployment allowance.

This seems of great help to the unorganized migrant labourers in the plight. If there is strict implementation of it and all the stakeholders take responsibility and are accountable, it will definitely bring stability in the life of this class.

–          universalization of social security,

–          inclusion of informal sectors including self-employed workers,

–          management of social security funds, and

–          dealing with multiplicity of social security organisations

Code on Social Security is currently with the Standing Committee on Labour and under necessary consultation. The draft Code is in public domain and is a subject of debate among stakeholders, policymakers, academicians, and the larger civil society.

Once passed, it will merge with these eight labour laws:

Employees’ Compensation Act 1923, Employees ‘State Insurance Act 1948, Employees ‘Provident Funds and Miscellaneous Provisions Act 1952, Maternity Benefit Act 1961, Payment of Gratuity Act 1972, Cine Workers Welfare Fund Act 1981, Building and Other Construction Workers Cess Act 1996, and Unorganised Workers ‘Social Security Act 2008.

The most important factor in this code is the initiative of social security for unorganized sector.

The draft Code says:

“Central Government shall formulate and notify, from time to time, suitable welfare schemes for unorganised workers on matter relating to life and disability cover; health and maternity benefits; old age protection; and any other benefit as may be determined by the central government.”

It also gives detailing that state governments can also formulated and introduce schemes relating to provident fund, employment injury benefit, housing, educational scheme for their children, old age and funeral assistance which would be of great help to migrant labourers.

93% of India’s population belongs to unorganized sector and they are self-employed and they hardly have employer-employee relationship. They merely work on oral contract or agreement mostly on daily basis. Neither their occupation is fixed, nor the location. They move from one place to another. It is extremely difficult even to say who would be appropriate government in their case who will be accountable for them and would take care of their needs. Mostly it is state government. State Government though responsible tries to cut corners due to financial constraints.

The code in order to have successful implementation requires the central government to do its homework. Central government needs to study in advance what could be the possible challenges, possible consequences, benefits, pros and cons of bringing it, smooth delivery of the code and bring a common rule or regulation or a structure which a state could follow. Central government can provide freedom of customization which can be done as per the scenario within state. Unorganized sector workers have been neglected and treated inhuman since long and it is need of the hour to bring a code which could address the life of this community. It is important to bring social security schemes for them irrespective of whatever big challenge comes in the way. The code lacks proper inclusion of these factors and before it is enacted, it is important to consider such important lacunas and address it.

It also talks about Employees’ Provident Fund Organisation (EPFO) and Employees’ State Insurance Corporation (ESIC), but the movement of same would outside domain of government and handled by EPSO and ESIC and that too it would huge sum which has to be exclusively being used for unorganized sector workers . It seems to be risky as we see past fraud cases in corporate.

All other laws – like the Maternity Benefit Act, Payment of Gratuity Act, Employee’s Compensation Act, Building and Construction Workers Cess Act – have their basic provisions intact; but each has been incorporated as Chapters in the Code. But it appears old acts have got new book cover and instead of it being a complete holistic scheme to seriously address their issue, it gives the impression that its’ same old thread. It is important to understand that the integration is required in meaningful manner.

This code could have been very promising addressing the endless pains of poor but instead it seems its’ an old book with a new cover. It seems promising but on papers it is same old talk. Before it is passed, Government must incorporate the lacunas and bring the code in real sense which would be progression and not fake aspirations.

It is easy to formulate law but more emphasis is required on implementation so that the targeted beneficiary receives the benefit which they are entitled to.

This has been very helpful for inter-state migrant women labourers; it protects them and works as a shield. Still corrupt mind always finds way. Many a time’s illegal trafficking has happened and when caught, they face strict penalty as per law. Behind blinds, it is practised and many lives are spoiled.

For such offences, a minimum imprisonment of 10 years extendable to life was prescribed. Repeat offenders were to be imprisoned for the rest of their natural life.

Sometimes, needy citizens are lured or intimated for wrong reasons and poor are more vulnerable to it especially the migrant labourers i.e. women, children etc. Law has been strict enough to keep an eye.

It is a special law to protect children from sexual abuse and exploitation. It provides precise definitions for different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment as well. It covers all children of the country including child of inter-state migrant labourers.

POCSO act is very strict and has helped in saving life of many children of country. This is applicable on inter-state migrant labourers as well.

“Childhood is a promise that is never kept”, said Ken Hill

The act seems to be gender bias as has only covered male to be committing crime against children but it may have a situation where a women is involved in doing it. In case of Rape, it says that only female doctor can examine, but what if there is urgent situation and no female doctor is available. Also the professionals who are involved in it should be properly trained and sensitive; act has not covered on it. Also it has not been clear on keeping the identity confidential and reports the incidence so that the criminal should feel ashamed as well it goes as warning in society. These loopholes need to be amended to protect the child in true sense.