Upto 60% Off on UPSC Online Courses

Avail Now

Scheme for Care and Support to Victims under POCSO Act 2012

Scheme for Care and Support to Victims under POCSO Act 2012

Context

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

Relevance For Prelims: Scheme for Care and Support to Victims under POCSO Act 2012, POCSO Act, 2012, Medical termination of pregnancy (MTP), Right To Abortion V/s. Right To Life Of The Unborn Child, Supreme Court Allows Abortion Of 30-Week Foetus, France Makes Abortion A Constitutional Right

Relevance For Mains: Challenges in POCSO Act, Issues with MTP Act

About Scheme for Care and Support to Victims under POCSO Act 2012

  • Aim: The scheme aims to provide integrated support to minor pregnant girl victims, ensuring emergency and long-term rehabilitation services. 
  • Expansion of Support Scheme: Initially meant for abandoned or orphaned pregnant girls, the scheme now includes all pregnant girl victims under the specified sections of the POCSO Act
  • Documentation Gaps: Despite this expansion, the scheme’s documentation has not been revised to reflect the inclusiveness, leading to significant inconsistencies and oversights. 

Enroll now for UPSC Online Course

Challenges and Issues associated with the Scheme for Care and Support to Victims under POCSO Act

  • Nomenclature and Scope: The scheme’s name does not reflect its intent, causing confusion as it applies to victims of any gender under Sections 4 and 6 of the POCSO Act.
    • The Scheme for Care and Support to Victims under POCSO Act acknowledges that many pregnant girls are between 13-18 years, highlighting the need for proactive government measures in providing sexual and reproductive health (SRH) information.
  • Limitations  of the Scheme:The scheme targets minor pregnant girl victims who continue with their pregnancies by choice or due to court decisions.
    • It is silent on whether benefits extend to victims who opt for a medical termination of pregnancy (MTP) or have a miscarriage.
    • Unclear provisions for victims who turn 18 during the course of the case or whose circumstances change, potentially up to 23 years.
  • Legal and Procedural Conflicts: The scheme misinterprets Section 27 of the POCSO Act, related to medical examinations, and suggests inappropriate Child Welfare Committee’s consents.
    • Delays in MTPs due to unnecessary stipulations involving district magistrates and medical officers contradict the MTP Act’s requirements for timely interventions.
    • The scheme’s references to MTP are sparse and randomly placed, lacking comprehensive guidance on handling pregnancy discontinuation.
  • Implementation Challenges:
    • Categorization as Children in Need of Care and Protection (CNCP): Child in Need of Care and Protection (CNCP) Classification Issues
    • Victims under the POCSO Act do not automatically qualify as CNCP, but the scheme mandates CNCP classification to avail benefits.
    • This requirement contradicts the POCSO Rules and Juvenile Justice (Care and Protection of Children) Act, 2015, leading to unnecessary legal procedures.
  • Clarification Needed on Care Entitlements: The scheme needs to clarify if entitlements for institutional care also apply to non-institutional care, where girls live with their families.
    • The process for young mothers to surrender their babies under the scheme conflicts with Adoption Regulations, potentially leading to prolonged institutionalisation of infants.
  • Financial Challenges: India’s high rates of child marriages and teenage pregnancies imply significant financial burdens for the scheme. 
    • Each eligible girl would receive an initial payment of ₹6,000 and a monthly payment of ₹4,000 until age 21 (extendable to 23), resulting in substantial financial outlays.
    • For example, in a southern district, 1,448 girls below 18 gave birth between January 2021 and October 2023. The hypothetical financial outlay for these cases would be ₹49,52,16,000.

Way Forward

Ensuring Effective Implementation of the Scheme for Care and Support to Victims under POCSO Act: The scheme, in its current form, is riddled with inconsistencies and lacks alignment with existing laws, rules, and guidelines. 

  • To avoid confusion and ensure effective implementation, the Ministry of Women and Child Development must rectify the scheme’s provisions.

Enroll now for UPSC Online Classes

Conclusion

Addressing these issues and ensuring clear, comprehensive guidelines are essential for the scheme to fulfil its intended purpose and effectively support vulnerable victims.

Must Read
NCERT Notes For UPSC UPSC Daily Current Affairs
UPSC Blogs UPSC Daily Editorials
Daily Current Affairs Quiz Daily Main Answer Writing
UPSC Mains Previous Year Papers UPSC Test Series 2024

 

Print Friendly, PDF & Email

To get PDF version, Please click on "Print PDF" button.

Print Friendly, PDF & Email

 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

THE MOST
LEARNING PLATFORM

Learn From India's Best Faculty

      

 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">







    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.