Syllabus
GS Paper 2 – Social Justice – Vulnerable Sections – Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Applications where to apply?
When asked about
– POCSO Act
– Violence against Children
– Rehabilitation of child victims
Context
The Ministry of Women and Child Development in India announced a new scheme on November 30, 2023, to support minor pregnant girl victims under the POCSO Act.
Source
The Hindu | Editorial dated 20th May 2024
A minor girl victim support scheme that loses its way
On November 30, 2023, the Ministry of Women and Child Development introduced the “Scheme for Care and Support to Victims under Section 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012”. The scheme aims to provide comprehensive support and assistance to minor pregnant girl child victims, ensuring both emergency and long-term rehabilitation under one roof. However, despite its noble intentions, the scheme suffers from significant oversights and inconsistencies, leading to confusion and potential inefficacy in its implementation.
Objective
Originally, the scheme was meant only for abandoned or orphaned pregnant girls. It now includes all pregnant girl victims under Sections 4 & 6 of the POCSO Act.
- Integrated Support and Assistance: The scheme aims to provide comprehensive support to minor pregnant girl child victims, ensuring they receive the necessary care and assistance “under one roof.”
- Emergency and Long-term Services: It facilitates immediate emergency services as well as non-emergency access to services that support long-term rehabilitation for these victims.
- Financial Assistance: The scheme provides financial assistance to pregnant girl child victims, including an initial payment of ₹6,000 and a monthly payment of ₹4,000 up to the age of 21 years, with a possible extension up to 23 years, as part of Mission Vatsalya.
Issues with the scheme
- Redrafting Issues:
- Despite expansion, the scheme’s documentation has not been sufficiently updated to reflect this broader inclusiveness, resulting in incomplete adjustments and necessary changes being omitted.
- Misleading Nomenclature:
- Gender Confusion: Since victims under Sections 4 and 6 can be of any gender, the name creates confusion.
- Victim Categories and Scheme Benefits:
- Coverage: The scheme includes victims who either continue with their pregnancies or those whom the court has not permitted to undergo a medical termination of pregnancy (MTP) .
- Benefit Silence: It does not specify if benefits continue for victims who opt for an MTP or those who experience miscarriages.
- Age and Circumstances: It remains unclear if benefits extend to victims who turn 18 or whose personal circumstances change during the benefit period.
- Monetary Implications:
- High Financial Burden: Given the high rates of child marriages and teenage pregnancies in India, the scheme’s financial burden on the exchequer will be substantial.
- Cost Example: For 1,448 girls in a southern district, the total estimated cost would be ₹49,52,16,000.
- Entitlements Lacks Clarity:
- The scheme lacks clarity on whether the benefits listed for institutional care also apply to non-institutional care for girls who prefer to live with their families.
- Inconsistency with CARA:
- The stipulation that newborns can be placed in designated Specialized Adoption Agencies (SAAs) until the girl turns 18 conflicts with CARA regulations , which do not impose age thresholds for surrendering an infant.
Contradictions with Existing Legislations
- Section 27 Misreference: The scheme wrongly refers to Section 27 of the POCSO Act, which pertains to medical examination, for placement decisions.
- CWC Consent Misinterpretation: It incorrectly implies that the Child Welfare Committee (CWC) can consent for the medical examination of any child below 12 years without parents/guardians present.
- Redundant MTP Process: The scheme’s stipulation that the district magistrate, advised by the chief medical officer, orders an MTP is redundant and not in line with the MTP Act.
- Brief MTP Mention: The scheme gives only a brief, random mention of MTP in a 21-page document, failing to address the crucial decisions involved in pregnancy discontinuation.
Recommendations
- Rectify Nomenclature and Scope:
- Clearly define the scheme’s target group and scope in its name.
- Ensure the scheme’s documentation accurately reflects its inclusiveness.
- Align with Existing Legislation
- Correctly reference the POCSO Act and align with the Juvenile Justice (JJ) Act and CARA regulations.
- Streamline the MTP process to avoid delays and conflicts with the MTP Act.
- Clear Guidelines for Benefits
- Clearly specify the benefits for victims opting for MTP or those experiencing miscarriages.
- Clarify benefits for victims turning 18 or whose circumstances change.
- Detailed Provisions for Non-Institutional Care
- Ensure that non-institutional care benefits are explicitly stated.
- Comprehensive Financial Planning
- Conduct thorough data analysis to plan and budget for scheme implementation.
- Utilize health and police data to accurately estimate financial requirements.
Conclusion
The minor girl victim support scheme represents a significant step towards supporting minor pregnant victims. However, the scheme requires substantial revisions to address its current oversights and inconsistencies. By ensuring clarity, inclusivity, and alignment with existing laws, and by providing proactive SRH information and services, the government can effectively support the vulnerable group it aims to protect.
Related Topics
The Protection of Children from Sexual Offences (POCSO) Act
It is the first comprehensive law in the country dealing specifically with sexual abuse of children, enacted in 2012 and is administered by the Ministry of Women and Child Development.
- It was intended to protect children from sexual assault, sexual harassment and pornographic violations, as well as to establish Special Courts for such trials.
- In 2019, the Act was amended to strengthen the penalties for specified offences in order to deter abusers and promote a dignified upbringing.
- Key provisions:
- Gender-neutral legislation: The Act defines a child as “any person” under the age of 18.
- Non-reporting is a crime: Any person in charge of an institution (excluding children) who fails to report the commission of a sexual offence involving a subordinate faces punishment.
- No time limit for reporting abuse: A victim may report an offence at any time, even years after the abuse has occurred.
- Keeping victim’s identity confidential: The Act forbids the disclosure of the victim’s identity in any form of media unless authorised by the special courts established by the Act.
References
Related PYQ
Examine the main provisions of the National Child Policy and throw light on the status of its implementation. [ UPSC Civil Services Exam – Mains 2016]
Practice Question
Critically evaluate the “Scheme for Care and Support to Victims under the POCSO Act, 2012” notified by the Ministry of Women and Child Development. [250 words]