• UGI USER
  • May 20, 2024
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SCHEME FOR MINOR GIRL VICTIMS LACKS CLARITY, CONSISTENCY, AND COMPLIANCE

Syllabus:

GS-2:

  • Government Policies and Interventions for Development: Addressing Issues in Design and Implementation
  • Issues Related To women

Why in the news?

  • Scheme for minor girl victims criticized for lack of clarity, inconsistencies, and failure to align with existing legislation.
source:juristsglobal

Focus:

  • Scheme introduced by the Ministry of Women and Child Development on November 30, 2023.
  • Named “Scheme for Care and Support to Victims under Section 4 & 6 of the POCSO Act, 2012.”
  • Objective: Provide integrated support and assistance to minor pregnant girl child victims.
What is Section 4 & 6 of the POCSO Act, 2012″?

Section 4 – Punishment for Penetrative Sexual Assault:

  • Minimum imprisonment: 10 years, extendable to life; fine applicable.
  • Offense against child <16 years: Minimum 20 years imprisonment, extendable to life; fine applicable.
  • Fine for medical expenses and victim rehabilitation.

Section 6 – Punishment for Aggravated Penetrative Sexual Assault:

  • Minimum rigorous imprisonment: 20 years, extendable to life or death penalty; fine applicable.
  • Fine for medical expenses and victim rehabilitation.

About Lack of Clarity and Consistency:

  • Scheme fails to address continuation of benefits in case of medical termination of pregnancy (MTP) or miscarriage.
  • Uncertainty regarding support for victims turning 18 or experiencing changes in personal circumstances.
  • Errors in referencing POCSO Act and MTP Act.
  • Inadequate discussion on MTP options.
  • Lack of clarity on entitlements for girls in non-institutional care.
  • Contradiction with Adoption Regulations regarding age threshold for surrendering infants.
Understanding “Protection of Children from Sexual Offences”(POCSO)”:

❖    Enactment: POCSO Act enacted in 2012 to protect children from sexual abuse, exploitation, and pornography.

❖    Definitions: Defines various forms of sexual offenses against children.

❖    Punishments: Prescribes stringent punishments for perpetrators.

❖    Mandates: Reporting, medical examination, counseling, compensation, rehabilitation, and privacy protection for victims.

❖    Objectives: Safeguarding rights and dignity of child victims.

❖    Special Infrastructure: Special courts, prosecutors, police units, and welfare committees for speedy and child-friendly justice delivery.

Key Provisions:

❖   Definition of Child: Below eighteen years of age, with paramount importance placed on their welfare and development.

❖   Forms of Sexual Abuse: Includes penetrative and non-penetrative assault, sexual harassment, and pornography.

❖   Aggravated Sexual Assault: Circumstances like mental illness or abuse by a person in authority warrant stricter punishment.

❖   Role of Police: Designates police as child protectors during investigation.

❖   Case Disposal: Mandates disposal of cases within one year from reporting.

❖   Amendments: August 2019 amendments introduced harsher punishments, including the death penalty.

❖   Age of Consent: Criminalizes all sexual acts among those under 18, presuming lack of legal consent.

❖   Victim Support: Medical treatment within 24 hours, compensation, and rehabilitation.

❖   Identity Protection: Mandatory identity protection for victims, disclosure punishable with imprisonment or fine.

❖   Punishments: Stringent punishments ranging from 7 years to life imprisonment or death penalty.

❖   Burden of Proof: Shifted from victim to accused, aiding child testimony.

❖   Special Courts: Ensures speedy trials and child-friendly justice delivery.

❖   Appointment of Special Personnel: Special prosecutors and police units designated.

What is Section 19 of the POCSO Act?

❖    Section 19 of POCSO Act: Mandates reporting of potential or actual POCSO offenses.

❖    Requirement: Individuals with apprehension or knowledge must inform the Special Juvenile Police Unit (SJPU) or police.

❖    Scope: Covers both anticipation and awareness of POCSO violations.

About the “Medical Termination of Pregnancy Act.”(MTP ACT 1971):

❖   Background: MTP Act, 1971, enabled safer abortions.

❖   Amendment 2021: Expands access for safe and legal abortion services.

❖   Objectives: Ensures comprehensive care on therapeutic, eugenic, humanitarian, and social grounds.

❖   Empowerment: Aims to empower women with universal access to reproductive health services.

Key Provisions of MTP Amendment Act, 2021:

❖    Termination due to Failure of Contraceptive Method or Device: Allows termination of pregnancy up to 20 weeks for married and unmarried women in case of contraceptive failure.

❖    Opinion Needed: Requires opinion of one Registered Medical Practitioner (RMP) for termination up to 20 weeks, and two RMPs for termination between 20-24 weeks.

❖    State-level Medical Board: Essential opinion for termination after 24 weeks in case of substantial fetal abnormalities.

❖    Upper Gestation Limit for Special Categories: Extends upper gestation limit to 24 weeks for survivors of rape, victims of incest, and other vulnerable women.

❖    Confidentiality: Protects the identity of women undergoing termination, barring authorized disclosure as per prevailing laws.

Understanding Inconsistencies with Legislation:

  • Incorrect interpretation of Section 27, POCSO Act, 2012, regarding medical examination of minors.
  • Misrepresentation of Child Welfare Committee’s authority regarding sexual assault medical examination.
  • Delaying stipulation in the MTP process contradicts MTP Act.
  • Limited reference to MTP options within the scheme.
  • Expanded Scope Without Corresponding Revisions:
  • Scheme initially targeted abandoned or orphaned pregnant girls, now includes all pregnant girl victims under POCSO Act.
  • Lack of redrafting to reflect inclusiveness results in confusion.
  • Misleading nomenclature adds to confusion regarding victim demographics.
  • Adolescent Sexual Health Education and Prevention:
  • Failure to address adolescent sexual health needs perpetuates reactive approach to sexual violence.
  • Need for proactive sexual and reproductive health (SRH) information and services for youth.
  • Empirical data suggests cases of pregnancy due to consensual relationships, highlighting the importance of comprehensive SRH education.
  • Monetary Implications:
  • Proposed financial support includes initial payment of ₹6,000 and monthly payment of ₹4,000 until age 21, extendable to 23.
  • High incidence of child marriages and teenage pregnancies increased financial burden.
  • Hypothetical calculation based on sample data from a southern district highlights substantial financial outlay.
  • Contrary to Rules and Regulations:
  • Pregnant victims under POCSO Act are not automatically classified as Children in Need of Care and Protection (CNCP).
  • Scheme mandates treating all pregnant girls as CNCP, contrary to POCSO Rules and Juvenile Justice Act.
  • Unnecessary procedural burdens imposed on victims due to misclassification.

Present Status:

According to the National Crime Records Bureau (NCRB):

  • 2019 Statistics: 32,608 cases of crimes against children registered under POCSO Act, comprising 51.9% of total crimes against children.
  • Underreporting: Many cases remain unreported due to fear, stigma, and lack of awareness among children and families.

Challanges with the POCSO Act:

  • Low Representation of Women in Police Force:
    • Compliance with provision for women officers is difficult due to only 10% women in police.
  • Lapses in Investigation:
    • Despite provision for audio-video statements, lapses in investigation and scene preservation are noted.
  • No Examination by Judicial Magistrates:
    • Statements recorded by magistrates often not cross-examined during trial, impacting validity.
  • Issue of Age Determination:
    • No provision for age determination of juvenile victims, reliance on school records problematic.
  • Delays in Filing Charges:
    • Investigations often exceed one month, delaying filing of charges and trial commencement.
  • No Conditions to Prove Recent Intercourse:
    • Absence of conditions for prosecution to prove recent intercourse may impact conviction rates.

Way Forward/Call for Rectification and Clarification:

  • Adequate Resources: Provide funding and personnel to investigating agencies.
  • Training for Investigating Officers: Ensure proper training on evidence collection and legal requirements.
  • Special Courts: Establish courts dedicated to POCSO cases.
  • Timely Medical Examination: Conduct medical exams promptly.
  • Public Awareness: Raise awareness about reporting and child rights.
  • Interagency Coordination: Coordinate efforts among different agencies.
  • Monitoring and Review: Implement systems for oversight and compliance.
  • Urgent need for scheme rectification to align with existing legislation and rules.
  • Data-driven decision-making essential to substantiate proposed changes.
  • Clarification needed on various aspects to ensure effective implementation.

Conclusion:

The “Scheme for Care and Support to Victims under Sections 4 & 6 of the POCSO Act, 2012,” highlighting its shortcomings and inconsistencies while providing recommendations for improvement.Scheme for minor girl victims lacks clarity, consistency, and compliance with existing laws.Rectification necessary to ensure effective support for victims under Sections 4 & 6 of the POCSO Act.The Ministry urged to address identified gaps and inconsistencies for improved implementation and support.The “Scheme for Care and Support to Victims under Sections 4 & 6 of the POCSO Act, 2012,” highlighting its shortcomings and inconsistencies while providing recommendations for improvement.

Source: The Hindu

Mains Practice Question:

“Analyze the challenges and inadequacies in the ‘Scheme for Care and Support to Victims under Sections 4 & 6 of the POCSO Act, 2012’, as highlighted in the provided editorial. Discuss the implications of these shortcomings on the effective support and rehabilitation of minor pregnant girl child victims. Suggest measures to rectify the identified gaps and ensure alignment with existing legislation and regulations.”