A Minor Girl Victim Support Scheme That Loses Its Way (2024)

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A Minor Girl Victim Support Scheme That Loses Its Way

May 20, 2024

Context

• On November 30, 2023, the Ministry of Women and Child Development announced a new scheme aimed at providing integrated support and assistance to minor pregnant victims under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
• While the scheme’s goal is to offer comprehensive care and rehabilitation to these victims, it faces several significant challenges and inconsistencies that need to be addressed.
• Therefore, it is important to assess the nomenclature of the scheme, its sociological and legal considerations and financial implications and sustainability.

Added Objectives of ‘Scheme for Care and Support to Victims under Section 4 & 6 of the POCSO Act, 2012’

• The scheme will provide integrated support and assistance to minor pregnant girl child victims under one roof.
• It will facilitate immediate, emergency, and non-emergency access to a range of services for long term rehabilitation.
  • This includes access to education, police assistance, medical (also comprising maternity, neo-natal and infant care), psychological, mental health counselling, legal support, etc.

The Inconsistencies Associated with the Scheme

• Misleading Nomenclature
  • The name of the scheme, "Scheme for Care and Support to Victims under Section 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012," is inherently misleading.
  • This title fails to capture the specific focus and target group of the scheme, which is pregnant minor victims of sexual offenses.
  • The broad reference to Sections 4 and 6 of the POCSO Act—sections that deal with penetrative and aggravated penetrative sexual assault obscures the scheme's intent to support pregnant girls specifically.
  • Moreover, the scheme does not acknowledge that victims under these sections can be of any gender.
  • By not explicitly stating that the scheme is designed for pregnant girls, it creates confusion about who is eligible for the benefits.
  • This omission could lead to misunderstandings among potential beneficiaries, caregivers, and implementing agencies.
• Issues with Scope and Inclusiveness
  • Initially, the scheme was restricted to abandoned or orphaned pregnant girls, however, it has since been expanded to include all minor pregnant victims under the specified sections of the POCSO Act.
  • Despite this significant change, the scheme has not been redrafted to reflect its broader scope.
  • The failure to update the text leads to inconsistencies and leaves out necessary modifications that would align the scheme's provisions with its expanded target group.
  • The scheme's language suggests that it is designed to provide support "under one roof" for minor pregnant girls.
  • However, it remains silent on several critical issues, such as whether the benefits will continue if the victim opts for a medical termination of pregnancy (MTP) or experiences a miscarriage.
  • Additionally, the scheme does not address the status of girls who turn 18 after their case is reported but before they receive all the intended benefits.
  • This gap could result in the exclusion of young women who are still in need of support, contrary to the scheme's intent.
• Sociological and Legal Considerations
  • The scheme seems to overlook the complex sociological and medical realities surrounding adolescent sexuality and pregnancy.
  • Many cases involving pregnant minors result from consensual, non-exploitative sexual activities rather than from sexual violence or exploitation.
  • This reality suggests a need for the government to proactively provide sexual and reproductive health (SRH) information and services, rather than adopting a purely reactive approach.
  • Additionally, the scheme’s stipulation that all pregnant girls be classified as Children in Need of Care and Protection(CNCP) contradicts existing legal frameworks.

Implementation and Practical Challenges

• Contrary to the Rules
  • Victims under the POCSO Act, including those who are pregnant, do not automatically qualify as CNCP.
  • Benefits can be extended to them without categorising them as CNCP if the family or guardian is able to provide necessary care and protection.
  • However, as indicated in the scheme, to avail its benefits, all pregnant girls will need to be considered as CNCP.
  • This is contrary to Rule 4(4), POCSO Rules and Section 2(14), Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and will entail in their unnecessary production before the CWC and the observance of all other attendant procedures under these legislations.
• Misapplication of Section 27, POCSO Act
  • The scheme inaccurately states that Section 27 of the POCSO Act, which pertains to the medical examination of a child, should guide the placement of a minor pregnant girl in institutional or non-institutional care.
  • This misinterpretation could result in inappropriate placements, affecting the welfare and safety of the victims.
• Child Welfare Committee (CWC) Consent Issues
  • The scheme erroneously implies that the CWC can consent to a sexual assault medical examination for any child under 12 years, regardless of parental presence.
  • This could lead to legal disputes and delays, as existing laws require parental or guardian consent unless exceptional circ*mstances justify otherwise.
• Contradiction with the Medical Termination of Pregnancy (MTP) Act
  • The scheme mentions that the district magistrate, on the advice of the district chief medical officer, should order an MTP at a government facility or registered medical practitioner.
  • This requirement adds an unnecessary bureaucratic layer, contradicting the more streamlined processes outlined in the MTP Act, which are designed to facilitate timely medical interventions.
• Long-term Institutionalisation
  • For young mothers who choose to surrender their babies, the scheme mandates that the newborn be placed in a designated Specialised Adoption Agency (SAA) until the mother turns 18.
  • This contradicts the Central Adoption Resource Authority (CARA) regulations, which do not impose age thresholds for surrendering infants.
  • Prolonged institutionalisation of infants could negatively impact their development and well-being.

Monetary Implication of the Scheme

• Substantial Fiscal Burden
  • Under the scheme, each eligible minor pregnant victim is entitled to receive a one-time payment of ₹6,000.
  • Additionally, she will receive a monthly payment of ₹4,000 until the age of 21, with a possible extension up to 23 years under certain conditions.
  • Given India's high rates of child marriages and teenage pregnancies, these financial commitments will aggregate into a substantial fiscal burden.
• National Scale Impact
  • Extending this financial model across India, where thousands of cases of minor pregnancies are reported annually, the aggregate financial commitment could easily run into hundreds of crores.
  • This significant expenditure necessitates a comprehensive budgetary allocation from the central and state governments.
  • Implementing and monitoring the scheme will incur administrative expenses.
  • This includes the costs associated with staffing, training, establishing coordination mechanisms among various agencies, and setting up and maintaining infrastructure for institutional and non-institutional care.

Conclusion

• The scheme in its current form is filled with inconsistencies, misleading nomenclature, and practical challenges that could undermine its effectiveness.
• To truly support and rehabilitate these vulnerable individuals, the scheme must be revised to align with existing laws, provide clear guidelines, and ensure adequate financial planning.
• Only then can it fulfil its intended purpose of offering comprehensive care and support to all minor pregnant victims in India.