Scheme for Care and Support to Victims under POCSO Act

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Context

• On 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”.

READ ALL ABOUT POCSO ACT: https://www.iasgyan.in/daily-current-affairs/pocso-act-12

Objective of the Scheme

• The primary objective of the scheme is to provide integrated support and assistance to minor pregnant girl child victims “under one roof”.
• This aims to facilitate immediate emergency and non-emergency access to services for their long-term rehabilitation.

Issues with the Scheme

Confusion and Implementation Concerns

• There is a potential for significant confusion if the scheme is implemented in its current form.
• It is currently described as a hotchpotch, indicating a lack of coherence and clarity.

Inadequate Scheme Naming

• The name of the scheme does not adequately reflect its intent, which could lead to misunderstandings about its purpose and scope.

Oversights and Inconsistencies

Initial Scope and Expansion

• Initially, the scheme was intended solely for abandoned or orphaned pregnant girls. However, it has now been expanded to include all pregnant girl victims under Sections 4 and 6 of the POCSO Act.
• This expansion, unfortunately, has not been matched by a thorough redrafting of the scheme to reflect its new inclusiveness. Many necessary changes have been overlooked, leading to various inconsistencies.

Misleading Nomenclature

• The scheme's misleading name, whether by oversight or deliberate choice, contributes to ongoing confusion. This confusion manifests in two significant ways:

1.Victim Gender Inclusion: Victims under Sections 4 and 6 of the POCSO Act can be of any gender. The scheme's name does not clarify this, leading to potential misunderstandings about its target demographic.

2.Age and Pregnancy Specificity: The scheme is intended for all pregnant girls/victims under 18 years. However, its introduction tacitly acknowledges that a disproportionate number of these girls are between 13-18 years, with many becoming pregnant. This acknowledgement underscores the need for a proactive approach in providing sexual and reproductive health (SRH) information and services to youth, rather than a reactive one.

Effectiveness and Sociological Implications

• Sociological, medical, and judicial data suggest that the law has not been very effective. Many cases involving pregnant girls arise from marriages or non-exploitative, explorative sexual activities among young people.
• Despite this, there remain cases of pregnancy due to sexual violence and exploitation. This dual reality highlights several critical needs:

1.Government Proactivity: The government must be proactive in providing Sexual and Reproductive Health (SRH) Information and services to youth to address adolescent sexuality as a normal stage of human development.

2.Safeguarding Systems: There is a pressing need for the government to establish robust safeguarding systems for children and adolescents.

3.Abuse Prevention Education: Ensuring comprehensive abuse prevention education for the entire community is essential to protect children and adolescents from sexual violence and exploitation.

Definite Categories of Beneficiaries

• The scheme ostensibly seeks to serve "every minor pregnant girl child victim." However, it currently defines specific categories only for those who continue their pregnancies by choice or default and those who were not permitted by the court to undergo a medical termination of pregnancy (MTP).
• The scheme remains silent on whether benefits will continue for victims who opt for an MTP or experience a miscarriage.

Age and Changing Circumstances

• The scheme does not address the continuation of benefits for girls who turn 18 after reporting the case and confirming the pregnancy or if their personal circumstances change over time.
• This could potentially extend up to 23 years of age, in alignment with the benefits under Mission Vatsalya, which aims to achieve child protection and development priorities aligned with the Sustainable Development Goals.
• Discrimination against this vulnerable group would be disappointing and counterproductive.

Legislative and Procedural Oversights

Misalignment with POCSO Act

• The scheme contains several glaring oversights and inconsistencies with existing legislation, rules, orders, and guidelines.
• It incorrectly states that Section 27 of the POCSO Act, 2012, which pertains to the medical examination of a child, should be considered when deciding on the placement of a minor pregnant girl in institutional or non-institutional care.
• Additionally, it erroneously implies that the Child Welfare Committee (CWC) can consent to the sexual assault medical examination of any child below 12 years of age, irrespective of the presence of parents or guardians.

Medical Termination of Pregnancy (MTP) Procedures

• The scheme mentions that in the case of an MTP, the district magistrate, on the advice of the district chief medical officer, should order the MTP at a government facility or by a registered medical practitioner.
• This stipulation is redundant and superfluous, especially in urgent situations where every minute matters. This requirement is not in consonance with the MTP Act.

Inadequate Attention to MTP

• The scheme puzzlingly reduces the reference to MTP to two sentences, inserted seemingly at random within the 21-page document.
• Given the circumstances under which the pregnancies have occurred, discussions on the choices regarding discontinuing the pregnancy or not should be facilitated at the outset.
• Comprehensive guidance and clear protocols are necessary to ensure timely and appropriate support for the victims.

Contradiction to Established Rules

Children in Need of Care and Protection (CNCP) Classification

• 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 categorizing them as CNCP if their family or guardian can provide the necessary care and protection.
• However, the scheme requires all pregnant girls to be considered as CNCP to avail its benefits. This requirement is 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).
• This will lead to unnecessary production before the Child Welfare Committee (CWC) and adherence to all other procedures under these legislations.

Entitlements for Non-Institutional Care

• The scheme needs to clearly state whether the entitlements listed in the “Process Flow of the Scheme” for 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.
• This clarification is crucial to ensure that all victims receive consistent support regardless of their living arrangements.

Surrender of Newborns

• If a young mother chooses to surrender her baby, the scheme states that “the newborn may be placed in the designated Specialized Adoption Agency (SAA) until 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 contradicts the Adoption Regulations overseen by the Central Adoption Resource Authority (CARA), which do not impose age thresholds for a mother to surrender her infant.
• This provision in the scheme could result in the infant being subjected to unnecessarily long periods of institutionalization, potentially for several years, especially if the mother is a young teenager.

Monetary Implications

Financial Burden on the Exchequer

• Given India's high ranking in child marriages and teenage pregnancies, the financial burden imposed by the scheme is expected to be substantial.
• Under the scheme, each eligible child — every reported case booked 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 stipulated in Mission Vatsalya up to the age of 21 years, with a possible extension up to 23 years.

Mandatory Reporting and Exponential Case Increase

• The mandatory reporting provision in the POCSO Act, 2012, is likely to lead to an exponential increase in cases reported by health authorities during delivery or pregnancy-related hospital visits.
• Therefore, a thorough analysis of health data and police data is crucial to plan, budget, and adequately provide for the scheme.

Case Study: Southern District Data

• An RTI reply revealed that 1,448 girls below 18 gave birth between January 2021 and October 2023 in a southern district.
• Using this as a sample hypothetical scenario, if the average age of these young mothers at the time of delivery was 16 years, and considering that Mission Vatsalya allows support until the age of 23 years, the direct financial outlay for each mother under the scheme would be:
• Initial payment: ₹6,000
• Monthly payment: ₹4,000 for 84 months (7 years) = ₹3,36,000
• Thus, the total outlay per mother would be ₹6,000 + ₹3,36,000 = ₹3,42,000. For 1,448 girls and their babies, the financial implication would amount to ₹49,52,16,000.

Recommendations for Improvement

Alignment with Existing Laws

• To address these issues, the scheme must be aligned with the existing POCSO Rules, JJ Act, and CARA guidelines. This includes ensuring that:
• Not all pregnant girls are classified as CNCP unnecessarily.
• The entitlements for institutional care are clearly stated to also apply to non-institutional care.
• The regulations regarding the surrender of newborns do not impose age-related restrictions that prolong institutionalization.

Clear and Consistent Communication

• The Ministry should ensure that the scheme's language is clear and consistent, avoiding any misleading or ambiguous terms.
• This will help prevent confusion among beneficiaries and stakeholders, ensuring that the scheme's objectives are fully met.

Data-Driven Planning

• Solid evidence and data should substantiate many aspects of the scheme. A comprehensive analysis of health and police data is essential to accurately plan and budget for the scheme, ensuring that it is both effective and sustainable.

Conclusion

• The scheme, as it stands, requires significant revisions to address its numerous oversights and inconsistencies.
• By aligning the scheme with existing laws, providing clear entitlements, ensuring proper procedures for MTP, and considering the financial implications, the Ministry of Women and Child Development can create a more coherent and effective support system for pregnant girl victims under the POCSO Act.
• This will help avoid the potential confusion and ensure that the scheme meets its intended objectives.

READ ALL ABOUT POCSO ACT: https://www.iasgyan.in/daily-current-affairs/pocso-act-12