20-May-2024-Editorial

ISSUES WITH THE SCHEME FOR CARE AND SUPPORT TO VICTIMS UNDER POCSO ACT 

The Scheme for Care and Support to Victims under the Protection of Children from Sexual Offences (POCSO) Act aims to provide comprehensive support to minor pregnant girl child victims. However, recent observations highlight several discrepancies and challenges in its implementation. 

Discrepancies in Inclusion and Classification: 

• The scheme’s scope has expanded beyond its original intent, covering all pregnant girl victims under relevant sections of the POCSO Act. 
• The scheme’s name does not accurately reflect its revised coverage, leading to confusion about its applicability to victims of any gender. 
• Ambiguities exist regarding the continuation of benefits for victims opting for medical termination of pregnancy (MTP) or experiencing miscarriage, as well as for those reaching adulthood during the case proceedings. 

Inconsistencies with Existing Legislations and Guidelines: 

• The scheme erroneously references Section 27 of the POCSO Act for decisions related to the placement of minor pregnant girls. 
• There are discrepancies in the approval process for medical examinations and MTP procedures, leading to procedural inconsistencies and potential violations of existing laws. 

Contradictions with Existing Rules and Regulations: 

• The automatic categorization of all pregnant girls as Children in Need of Care and Protection (CNCP) contradicts established rules and protocols. 
• Provisions regarding newborn adoption and institutional care raise questions about alignment with existing regulations and adoption procedures. 

Financial Implications and Data Considerations: 

• The scheme’s implementation may impose a significant financial burden on the government, particularly given India’s prevalence of child marriages and teenage pregnancies. 
• With mandatory reporting under the POCSO Act, there is a need for robust data analysis to anticipate the increased caseload and allocate resources effectively. 

Way Forward: 

The Ministry of Women and Child Development must undertake comprehensive amendments to the scheme, addressing the identified discrepancies and ensuring alignment with existing laws, regulations, and protocols.  

This would enhance the effectiveness of support services for minor pregnant girl victims under the POCSO Act, promoting their well-being and rehabilitation.