Scheme for Care and Support to Victims of under Section 4 and 6 of POCSO Act 2012

Scheme for Care and Support to Victims of under Section 4 and 6 of POCSO Act 2012 is a centrally funded scheme from NIRBHAYA fund of the Ministry of Women and Child Development. It seeks to address the challenges faced by the minor pregnant girl child victims and fill the gaps of the existing schemes. The scheme shall be implemented through the State/UT Governments. 

Background

The Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012 as amended in 2019 to protect all children below the age of 18 years from sexual crimes. As sexual crimes are unfortunately associated with social stigma for the victims, a large number of cases remain unreported denying justice to victims.  Most of the victims are girl child. These girl child victims often fail to receive timely help and support.

Additionally, Section 4 and Section 6 of the POCSO Act cover the offence of rape where the punishments are severest (Section 5 is aggravated form of rape titled as “Aggravated Penetrative Sexual Assault” under POCSO Act where the punishment includes death penalty for the offender). In many of these cases, girls become pregnant and bear several physical and mental health concerns, which are further aggravated when they are disowned or abandoned by their own families or are orphaned.

Objectives of the Scheme:

The objectives of the Scheme are: 

• To provide integrated support and assistance to minor pregnant girl child victims under one roof; and
• To facilitate immediate, emergency and non-emergency access to a range of services for long term rehabilitation in terms of access to education, police assistance, medical (also comprising maternity, neo-natal and infant care), psychological, mental health counselling, legal support, Non-Institutional Care monthly support, place of stay in CCl/Aftercare facilities and health insurance cover for the girl child victim and her new-born under one roof to enable access to justice and empowerment of such girl child victims. 

Eligibility criteria

• Any girl below the age of 18 years, who is a victim of:
  • Penetrative Sexual Assault - Section 4 of the POCSO Act,
  • Aggravated Penetrative Sexual Assault — Section 6 of the POCSO Act,
  • Section 376, 376A-E of Indian Penal Code, 1860 (IPC) 

And becomes pregnant due to such assault or rape is covered under the Scheme.

The Scheme shall extend support to every minor pregnant girl child victim. It is not mandatory for the girl child victim to have a copy of the FIR for availing the benefits under the Scheme. However, it shall be the responsibility of the State/UT to ensure that information is provided to the police and that an FIR is registered, as per section 19 of POCSO Act, 2012.

Such a girl child victim is a ‘Child in Need of Care and Protection’ as defined under Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act (JJ Act), 2015 and is therefore entitled to avail all the benefits/support provided under Mission Vatsalya Scheme support and the JJ Act along with the POCSO Act and IPC under which the offence has been committed upon her. 

Services under the Scheme: 

• Safe space to live: A dedicated Child Care Institutions (CCl) or a separate space to accommodate girl child victims up to the age of 18 years; and aftercare support shall be provided up to 23 years.
• Health Services and medical examination: Holistic reproductive and child health care services shall be provided under this scheme on the lines of provisions contained in the schemes JSY, JSSK and PMMVY @ Rs. 6000/- (one time financial support) or any other relevant scheme of the Central and State Governments.
• Counselling and Mental Health Services: Counselling and other mental health services shall be provided to overcome the trauma.
• Education and Vocational Skills: Continue education of girl child victims and in case any victim wants to peruse any formal education or vocational training then the same shall be provided.
• Safe Transportation & Police Protection: Transport support with adequate safety measure while communicating to court, hospital, school or any other place.
• Police protection will be provided wherever and whenever safety of victim is threatened.
• Legal Aid and Assistance: Legal aid and counselling shall be provided to facilitate access to justice for the girl child victim.
• Police Assistance: Statement of the girl child victim to be recorded in the place of her choice by a female police officer who is in plain clothes.
• Monetary and Other Entitlements: CCl/Lawyer/Support Person shall enable access of victims to monetary and other entitlements as per the law and different scheme/compensation of the Central and State Government.
• Health Insurance Coverage: The girl child victim and her new-born shall be provided health insurance cover @ Rs. 5 Lakhs per year/- under PM-JAY
• Care under Mission Vatsalya: The minor girl victim shall be provided with Institutional Care and Non-institutional Care @ Rs. 4000/- per month per child for Sponsorship/After Care under Mission Vatsalya up to 23 years or till she gets employment, whichever is earlier.

Process of Availing Benefits under the Scheme

A child in need of care and protection is produced before Child Welfare Committee (CWC) constituted under section 27 of JJ Act, 2015 (as amended in 2021). The Committee has the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs.  Any child in need of care and protection may be produced before the Committee by one of the following persons:

• Any police officer or Special Juvenile Police Unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force;
• Any public servant; 
• Child Helpline Services or any voluntary or non-governmental organization or any agency as may be recognised by the State Government;
• Child Welfare Officer or probation officer;
• Any social worker or a public-spirited citizen;
• By the child himself; or
• Any nurse, doctor or management of a nursing home, hospital or maternity home  

Under section 29 of the JJ Act, 2015, the Committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children, in need of care and protection, and shall also provide for their basic needs and protection.  Any girl child victim can avail, by the orders of Child Welfare Committee, the benefits of Institutional Care through CCIs or Non-Institutional Care (in case any girl child victim opts to live with parents / guardians or extended family) under Mission Vatsalya Scheme. Thereafter, the girl child victim can avail the facility of Aftercare under Non-Institutional Care of Mission Vatsalya Scheme.     

To access the complete scheme guidelines, click here.

Source : Ministry of Women and Child Development .