A minor girl victim support scheme that loses its way

 A minor girl victim support scheme that loses its way

There are many gaps in the Scheme for Care and Support to Victims under Section 4 and 6 of the Protection of Children from Sexual Offences Act                 250 words 

यौन अपराधों से बच्चों का संरक्षण अधिनियम की धारा 4 और 6 के तहत पीड़ितों की देखभाल और सहायता की योजना में कई खामियां हैं।                                                                         250 words

Scheme for Care and Support to Victims under Section 4 & 6 of  (POCSO) Act, 2012

 November 30, 2023, the Ministry of Women and Child Development notified the “Scheme for Care and Support to Victims under Section 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012”. 

The aim is 

is to provide integrated support and assistance to minor pregnant girl child victims “under one roof” 

and facilitate immediate emergency and non-emergency access to services for long-term rehabilitation.

Oversights and inconsistencies

expanded to include all pregnant girl victims  

While it was for only abandoned or orphaned pregnant girls, initially, the scheme has now been expanded to include all pregnant girl victims under the mentioned sections of the POCSO Act.

besides some cosmetic inclusions, the scheme has not been redrafted to reflect the new inclusiveness, and many of the commiserate changes warranted have been left out.

The misleading nomenclature

 

either by oversight or deliberate, results in confusion (a constant feature that runs through the scheme), on two counts.

 1 It is important to note that victims under Sections 4 and 6 of the POCSO Act could be of any gender. 

2 Second, when the scheme is precisely for all pregnant girls/victims under 18 years, is it to obfuscate / to make dark 

कितना प्रभावी है कानून ?

The law has not, certainly, as indicated by sociological, medical and judicial data, proven to be very effective, 

But many of these cases have pregnant girls became 

🌺out of marriage 

🌺and non-exploitative, 

🌺explorative sexual activity among young people. 

लेकिन जहां वायलेंस हुआ है तब ?

It  highlights the need for the government to step up its efforts in promoting and setting up safeguarding systems for children and adolescents, promoting SRH information and ensuring abuse prevention education for the entire community.

अलग अवस्था या केस 

 1 only definite categories are now those who continue, by choice or default, with their pregnancies and those who were not permitted by the court to undergo a medical termination of pregnancy (MTP). 

2 The scheme remains silent on whether the benefits will continue to be provided if the victim of a reported case opts for an MTP or has a miscarriage.

3 So also with a girl who may have attained 18 years subsequent to the case being reported and the pregnancy confirmed, 

or if her personal circumstances change in the course of time which may be up to 23 years of age and till when benefits of Mission Vatsalya (“a road map to achieve development and child protection priorities aligned with the Sustainable Development Goals”) can be accorded.

Laws and its some provision 

1  it is wrongly stated that Section 27, POCSO Act, 2012

 which says to the medical examination of a child,

 this section is to be taken into account to decide on the placement of the minor pregnant girl in institutional care/non-institutional care. 

2 It also erroneously implies that the Child Welfare Committee (CWC) can give  consent for the sexual assault medical examination of any child below 12 years of age, whether or not her parents/guardian are present.

3 order for an MTP by district magistrate 

in case of an MTP, the district magistrate, on advice of the district chief medical officer, shall order for an MTP to a government facility or registered medical practitioner. 

When every minute matters in these situations, this is  delaying .

Contrary to the rules

not automatically qualify as Children in Need - CNCP

Victims under the POCSO Act, including those who are pregnant, do not automatically qualify as Children in Need of Care and Protection (CNCP).

 Benefits can be extended to them without categorising them as CNCP if the family or guardian is able to provide necessary care and protection. 

 to avail its benefits, all pregnant girls will need to be considered as CNCP. This is contrary to Rule 4(4), POCSO Rules and Section 2(14), Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and will entail in their unnecessary production before the CWC and the observance of all other attendant procedures under these legislations.

The scheme needs to clarify whether all the entitlements for the girls who opt for institutional care , also apply to those in non-institutional care, i.e., for girls who prefer to live with their family.

If the young mother chooses to surrender the baby

“the newborn may be placed in the designated SAA till the girl child victim attains the age of 18 years. Thereafter, she will be informed of the process of surrender as per Section 35 of the JJ Act”.

This is contrary to the Adoption Regulations overseen by the Central Adoption Resource Authority (CARA) which does not have any age thresholds for a mother to surrender the infant. 

Monetary implications

To avail the scheme, each child who fulfils the new criteria — every reported case booked under the POCSO Act, 2012 of a pregnant girl under 18 years — 

• would be given an initial payment of ₹6,000 and 
• 
  
• a monthly payment of ₹4,000 as stipulated in Mission Vatsalya up to the age of 21 years with possible extension of up to 23 years.

 analysis of health data and police data 

cases being reported by health authorities at the time of delivery or pregnancy-related hospital visits, a thorough analysis of health data and police data needs to be undertaken to plan, budget and provide for the scheme.

 an RTI reply, 1,448 girls below 18 gave birth from January 2021 and October 2023 in a southern district

  if the average age of these young mothers at the time of delivery was 16 years,

 and taking into account that Mission Vatsalya allows support until the age of 23 years, the direct financial outlay for each mother as per the scheme would be ₹6,000 (a one-time payment) ₹4,000X84 months = ₹3,42,000. For 1,448 girls and their babies, it would work out to ₹49,52,16,000.

source the hindu