10-Aug-2021: Child Beggars
The Ministry of Social Justice and Empowerment has formulated a scheme “SMILE - Support for Marginalized Individuals for Livelihood and Enterprise”, which includes sub-scheme - ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’. This scheme covers several comprehensive measures including welfare measures for persons who are engaged in the act of begging. The focus of the scheme is extensively on rehabilitation, provision of medical facilities, counseling, basic documentation, education, skill development, economic linkages and so on. The scheme would be implemented with the support of State/UT Governments/Local Urban Bodies, Voluntary Organizations, Community Based Organizations (CBOs), institutions and others.
As per information provided by Ministry of Home Affairs, 'Police' and 'Public Order' are State subjects under the Seventh Schedule of the Constitution of India. The responsibilities to maintain law and order, protection of life and property of the citizens rest with the respective State Governments. The State Governments are competent to deal with such offences under the extant provisions of laws. However, Ministry of Home Affairs (MHA) had written to the Railway Board to sensitize their Railway Protection Force (RPF) and Government Railway Police (GRP) personnel to keep vigil on Railway stations to watch out for hapless victims, who could be in the process of being trafficked through Railways. Further, MHA has also requested all States/UTs to sensitize police personnel posted on Bus Depots/Bus Terminals etc. to keep a close watch on suspicious activities at such places. MHA has also requested all States/UTs to establish mechanisms for effective inter-state coordination between the law enforcement officers concerned for apprehending and rescuing the victims of trafficking and investigation and prosecution of the offenders.
27-Jul-2021: Child Beggars
The Ministry of Social Justice and Empowerment has formulated a scheme “SMILE - Support for Marginalized Individuals for Livelihood and Enterprise”, which includes sub-scheme - ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’. This scheme covers several comprehensive measures including welfare measures for persons who are engaged in the act of begging. The focus of the scheme is extensively on rehabilitation, provision of medical facilities, counseling, basic documentation, education, skill development, economic linkages and so on. The scheme would be implemented with the support of State/UT Governments/Local Urban Rodies, Voluntary Organizations, Community Based Organizations (CBOs), institutions and others. Scheme provides for the use of the existing shelter homes available with the State/UT Governments and Urban local bodies for rehabilitation of the persons engaged in the act of Begging.
Ministry of Social Justice and Empowerment has also initiated pilot projects on Comprehensive Rehabilitation of Persons engaged in the act of Begging in ten cities namely Delhi, Bangalore, Chennai, Hyderabad, Indore, Lucknow, Mumbai, Nagpur, Patna and Ahmedabad. These pilots are being implemented in these cities by State Governments/UTs/Local Urban Bodies and Voluntary Organizations. Several comprehensive measures including survey and identification, mobilization, basic hygiene and medical facilities, providing basic documentation, counseling, rehabilitation, education, skill development and sustainable settlement of persons engaged in begging are being undertaken under these pilots.
Further, the Department of School Education & Literacy in partnership with the States and UT Governments have taken steps to ensure that the children into begging are released and enrolled in schools to complete their elementary education.
No funds are being allotted to NGOs for rehabilitation of destitute women and children by this Ministry. However, the Ministry of Women and Child Development supports the States/UTs either by themselves or in association with voluntary organizations for providing institutional care for destitute children covering age-appropriate education, access to vocational training, recreation, health care, counseling etc.
30-Jul-2021: Special Courts Under POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012 enacted by Govt of India provides safeguards for children against sexual abuse. The POCSO Act 2012 provides for establishment of Special Courts for the purpose of ensuring speedy trial. Further, as per the Act, the evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. The Act was amended in 2019 to introduce more stringent punishment including death penalty for committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
A centrally sponsored scheme for setting up of 1023 Fast Track Special Courts (FTSCs) including 389 Exclusive POCSO Courts is implemented by the Department of Justice(DoJ), for expeditious trial and disposal of rape and POCSO cases. As informed by DoJ, 640 FTSCs including 338 exclusive POCSO Courts have become functional in 26 States/UTs by May, 2021, which disposed 50, 484 pending cases till May, 2021. Goa and J&K are yet to operationalize FTSCs. West Bengal, Andaman & Nicobar island and Arunachal Pradesh have still not joined the Scheme. The information regarding the appointment of Judges in special courts formed under POCSO Act, 2012 is not maintained centrally.
11-Feb-2021: Protection of Children from Sexual Offences
Section 5 sub-clause (k) and Section 9(k) of Protection of Children from Sexual Offences (POCSO) Act, 2012 lay down that whoever taking advantage of a child’s mental or physical disability, commits 'penetrative sexual assault' or 'sexual assault' on the child, commits 'aggravated penetrative sexual assault' or 'aggravated sexual assault' respectively. Section 6 of the POCSO Act lays down that whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or to death . Section 10 of the POCSO Act stipulates that whoever commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Section-33 of the POCSO Act under sub-clause (8) provides that in appropriate cases, the Special Court may, in addition to the punishment, direct payment of such compensation as may be prescribed to the child for any physical or mental trauma caused to him or for immediate rehabilitation of such child.
Rule 4 of the POCSO Rules, 2020 lays down a detailed procedure regarding care and protection, including counseling and therapy, of the victim of child sex abuse. Section-6 of the POCSO Rules, 2020 also has provision regarding providing of Medical aid and care to the victim of child sex abuse. Provision of Special Relief has also been prescribed in the POCSO Rules, 2020 for contingencies such as food, clothes, transport and other essential need. The detailed POCSO Rules, 2020 are available on the website of Ministry of Women and Child Development i.e. www.wcd.nic.in.
29-Jul-2021: Adoption of Children who lost their Parents
As per information provided by States/UTs, 645 number of children have lost their parents to Covid since April 2021 to 28.05.2021.
The children in distress situations merit care and protection under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015(JJ Act). The Act has laid procedure for rehabilitation of such children through institutional and non-institutional care including adoption. The Adoption of children under the JJ Act, 2015 is undertaken through the Child Adoption Resource Information and Guidance System (CARINGS), a web-based application and the prospective adoptive parents are referred children on the basis of their seniority, which is determined as per their date of registration. In the wake of the Covid pandemic, the Central Adoption Resource Authority (CARA) has taken several measures to facilitate adoption process such as provisional registration of Prospective Adoptive Parents (PAPs) and requesting all Registrar Generals to take up adoption cases on priority & to facilitate Virtual Court hearings to expedite adoption cases.
Hon’ble PM has announced PM CARES for children scheme to support children who have lost both parents or surviving parent or legal guardian or adoptive parents due to COVID-19 pandemic. The scheme provides support for education and health and will create a corpus of Rs 10 lakh for each child when he or she reaches 18 years of age. This corpus will be used to give a monthly financial support/ stipend form 18 years of age, for the next 5 years to take care of his or her personal requirements during the period of higher education and on reaching the age of 23 years, he or she will get the corpus amount as one lump-sum for personal and professional use. The scheme is accessible through an online portal i.e. pmcaresforchildren.in. The portal has been introduced to all the States and UTs on 15.07.21. Any Citizen can inform the administration regarding a child eligible for support under this scheme through the portal.
Further, the Ministry has asked States and UTs to take immediate action for care and protection of children adversely impacted by COVID 19, in accordance with the provisions of the JJ Act and Rules thereunder, while leveraging the facilities funded under the Child Protection Services scheme.
The Juvenile Justice (Care and Protection of Children) Amendment bill, 2021, for simplification of the adoption process, by empowering District Magistrate including Additional District Magistrate, for completing adoption process, under the Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by both houses of Parliament.
11-Feb-2021: In-Country Adoptions
The Government has put in place a centralized online system CARINGS (Child Adoption Resource Information and Guidance System) to facilitate adoption in the Country with effect from 1.08.2015. Prior to introduction of CARINGS, the adoption agencies placed the children directly with Prospective Adoptive Patents(PAPs) registered with them.
The number of infants below the age of three months adopted during 2016-2017 to 2020-2021 (as on 03/02/2021) is 725.
As per section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the orphaned and abandoned children are required to be declared legally free for adoption within 02 months in case of a child upto the age of two years and within 04 months in case of a child above the age of two years, after following the due procedure. Further, the surrendered children are required to be declared legally free for adoption after 02 months (reconsideration period) from the date of surrender of the child.