Issues with Scheme for Care and Support to Victims

Source-This post on Issues with Scheme for Care and Support to Victims has been created based on the article “A minor girl victim support scheme that loses its way” published in “The Hindu” on 19 May 2024.

UPSC Syllabus: GS Paper-2- Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Context-The article discusses the issues with the Scheme for Care and Support to Victims that was notified under Section 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012″ by the Ministry of Women and Child Development. Issues with Scheme for Care and Support to Victims

What is the objective of the scheme?

The objective 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.

Read more- One Stop Centre

What are the issues with the recently notified “Scheme for Care and Support to Victims” program?

1) Discrepancies Regarding Inclusion and Classification–

a) The scheme’s name doesn’t reflect its intent anymore. It now covers all pregnant girl victims under the mentioned sections of the POCSO Act, not just abandoned or orphaned one

b) The scheme’s misleading name creates uncertainty about whether it applies to victims of any gender under Sections 4 and 6 of the POCSO Act.

c) It remains silent on whether the benefits will continue if the victim opts for a medical termination of pregnancy (MTP) or has a miscarriage.

d) It’s uncertain whether the benefits will persist for a girl who reaches 18 after the case is reported or if her personal situation changes while she’s eligible for benefits.

2)  Inconsistencies with Existing Legislations and Guidelines-

a) The scheme wrongly refers to Section 27 of the POCSO Act (which deals with medical examination of a child) to decide on the placement of the minor pregnant girl

b) It wrongly implies that the Child Welfare Committee (CWC) can approve the medical examination for sexual assault of any child under 12 years old without parental or guardian consent.

c) The need for the district magistrate’s approval for MTP, as advised by the district chief medical officer, is unnecessary and doesn’t align with the MTP Act.

d) There’s not enough emphasis on MTP, even though it’s important to facilitate discussions about whether to continue or end the pregnancy.

3) Contradictions with Existing Rules and Regulations-

a) It contradicts Rule 4(4) of the POCSO Rules and Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2015, by automatically categorizing all pregnant girls as Children in Need of Care and Protection (CNCP).

b) It’s uncertain if the benefits for girls in institutional care also extend to those living with their families outside of institutions.

c) The scheme’s provision about giving up a newborn contradicts with the adoption regulations which don’t have age limits for mothers surrendering their infants.

4)  Financial Implications and Data Considerations-

a) Given India’s high ranking in child marriages and teenage pregnancies, the financial burden on the exchequer due to the scheme could be substantial.

b) With the mandatory reporting provision in the POCSO Act, 2012, there could be an exponential increase in reported cases. This would require a thorough analysis of health and police data for budgeting and planning.

Way Forward-The Ministry of Women and Child Development must amend the scheme while considering how it aligns with existing laws, regulations, and protocols.

Question for practice

Highlight the issues with the recently notified “Scheme for Care and Support to Victims” program?