A minor girl victim support scheme that loses its way

GS Paper I & II

Why in News? 

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.

More About the News: 

• 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" on November 30, 2023. 
• The scheme aims to offer comprehensive assistance to minor pregnant girl child victims, ensuring they receive both emergency and long-term rehabilitation services efficiently. 
• However, the scheme's name fails to fully capture its intended purpose.

Oversights and inconsistencies: 

• There are several critical issues with the implementation and clarity of the scheme designed to assist pregnant girl victims under the POCSO Act. The particular concerns are raised regarding the scheme's inclusiveness, its alignment with legislative changes, and its practicality.

Critical issues with the implementation and clarity of the scheme:

• Alignment with legislative changes: The expansion of the scheme's coverage to include all pregnant girl victims under relevant sections of the POCSO Act is commendable, but the necessary revisions have not been made to reflect this expansion accurately. This lack of revision often leads to confusion and potentially hinder the effectiveness of the scheme.
• Inclusiveness: The ambiguity surrounding the scheme's applicability to pregnant individuals of any gender under Sections 4 and 6 of the POCSO Act needs to be addressed. Clear communication and inclusivity are crucial, especially when dealing with sensitive issues such as sexual violence. 
• Moreover, the scheme's focus on providing benefits to pregnant girls under 18 years old raises questions about its stance on sexual and reproductive health education and services for adolescents. 
• Recognizing adolescent sexuality as a normal part of human development and providing proactive support and education in this regard is essential for preventing exploitation and promoting overall well-being.
• Unclear Support in Cases of Medical Termination of Pregnancy: The lack of clarity on whether benefits will be provided in cases of medical termination of pregnancy or miscarriage, as well as the eligibility of individuals who may have turned 18 during the course of the case, highlights the need for comprehensive and flexible support mechanisms.
• Inconsistencies and Procedural Delays: Inconsistencies with existing legislation and procedural delays, such as those related to medical termination of pregnancy, require resolution for timely and appropriate assistance to victims.

Contrary to the rules:

• Misalignment with CNCP Classification: Victims covered by the POCSO Act, including pregnant individuals, may not automatically qualify as Children in Need of Care and Protection (CNCP). Benefits can be extended to them without CNCP classification if their family or guardian can provide adequate care and protection. However, the scheme stipulates that all pregnant girls must be considered CNCP to access its benefits, contrary to Rule 4(4) of the POCSO Rules and Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), necessitating unnecessary involvement with the Child Welfare Committee (CWC) and adherence to associated procedures.
• Clarification on Benefits for Non-Institutional Care: The scheme does not clarify whether all entitlements listed for girls in institutional care also apply to those in non-institutional care, particularly concerning girls who choose to live with their families.
• Contradiction with Adoption Regulations: Regarding newborns surrendered by young mothers, the scheme mandates placing the newborn in a designated Specialised Adoption Agency (SAA) until the girl victim reaches 18 years old. Subsequently, she will be informed of the surrender process according to Section 35 of the JJ Act. This contradicts Adoption Regulations overseen by the Central Adoption Resource Authority (CARA), which do not impose age thresholds for a mother to surrender her infant. Consequently, the scheme subjects the infant to potentially prolonged institutionalization, which may be detrimental, especially considering the young age of some mothers.

Monetary implications:

• Financial Implications and Burden: Considering India's alarming rates of child marriages and teenage pregnancies, the financial burden proposed by the scheme is anticipated to be substantial. To qualify for the scheme, each child meeting the new criteria—every reported case under the POCSO Act, 2012, involving a pregnant girl under 18 years—would receive an initial payment of ₹6,000 and a monthly payment of ₹4,000, as outlined in Mission Vatsalya, until the age of 21, extendable up to 23 years. Given the mandatory reporting provision in the POCSO Act, 2012, indicating a likely surge in reported cases by health authorities during childbirth or pregnancy-related hospital visits, a comprehensive analysis of health and police data is essential to plan, budget, and implement the scheme effectively.
• Potential Scale of Assistance: An RTI inquiry revealed that 1,448 girls below 18 gave birth between January 2021 and October 2023 in a southern district. Hypothetically, assuming the average age of these young mothers at delivery was 16 years, and considering support under Mission Vatsalya until the age of 23, the direct financial outlay per mother under the scheme would amount to ₹6,000 (one-time payment) plus ₹4,000 multiplied by 84 months, totaling ₹3,42,000. For 1,448 girls and their babies, this sum would amount to ₹49,52,16,000.
• Imperative for Rectification: To prevent the ensuing confusion likely to arise from the scheme's current implementation, which is currently disjointed, it is imperative for the Ministry of Women and Child Development to rectify it. This rectification should align with the provisions of existing legislations, rules, guidelines, and protocols, integrating and intersecting with them seamlessly. Additionally, substantiating various aspects with solid evidence-based data would further strengthen the scheme's foundation.

Conclusion:

To ensure the scheme's success, it is imperative for the Ministry of Women and Child Development to undertake a comprehensive review, considering data analysis and adherence to relevant legal frameworks. By rectifying inconsistencies, clarifying ambiguities, and substantiating aspects with solid evidence, the scheme can be strengthened to better support pregnant girls in need. Ultimately, addressing these concerns will not only enhance the scheme's credibility but also ensure that it serves its intended purpose of providing timely and effective assistance to vulnerable individuals under the POCSO Act.