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.

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. 

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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.

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Conclusion

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