Mains – 20th Nov 23

Nirbhaya Fund and Mission Vatsalya Scheme

Why in News?

• Union Minister for Women and Child Development launched a special scheme under the aegis of the Nirbhaya Fund to provide shelter, food and legal aid for pregnant minor victims of sexual assault who have no family support.
• The Ministry additionally leveraged the administrative structure of Mission Vatsalya in collaboration with State governments and Child Care institutions (CCIs) to actualise this support to minor victims.

About the New Special Scheme:

• The special scheme, announced by the Women and Child Development Ministry (WCD). It would operate under the aegis of the Nirbhaya Fund and an amount of a 74.10 crore has been allocated for the same.
• Government has additionally leveraged the administrative structure of Mission Vatsalya in collaboration with State governments and Child Care institutions (CCIs) to actualise this support to minor victims.
• The new scheme aims to provide shelter, food, daily needs, safe transportation for attending court hearings and legal aid to minor girls who have been abandoned by their family –
• Due to forced pregnancy, either due to rape or gang rape, etc., and
• Have no other means to support themselves.
• The fund will help in setting up shelters for such victims. This could be in the nature of standalone shelters, or wards earmarked for such victims in existing CCIs, as state governments see fit.
• Thus, the new scheme also aims to provide integrated support and assistance to girl child victims under one roof, facilitate immediate, emergency and non-emergency access to a range of services, including
• Access to education,
• Police assistance,
• Health care, including maternity, neo-natal and infant care,
• Psychological and legal support.

 

In 2021, the NCRB reported 51,863 cases under the POCSO Act and 64% cases out of those pertains to penetrative sexual assault and aggravated penetrative sexual assault, respectively.

 

What is Nirbhaya Fund?

• The Government of India had set up a dedicated fund called ‘Nirbhaya Fund’ for implementation of initiatives aimed at enhancing the safety and security for women in the country.
• It was established in response to the Nirbhaya Case in 2013 and it is managed by the Ministry of Women and Child Development (MWCD).
• The Empowered Committee (EC), which is composed of officials from several ministries and is chaired by the Secretary of the MWCD, recommends programmes/schemes for funding under Nirbhaya Fund.
• Some of the major projects under the Nirbhaya Fund are Central Victim Compensation Fund (CVCF), One Stop Centers (OSCs), Universalization of Women Helpline (WHL), Mahila Police Volunteer (MPV), etc.

 

“One Stop Centre (OSC) Scheme” is implemented across the country since 1st April 2015. OSCs aim to facilitate women affected by violence with a range of integrated services under one roof such as Police facilitation, medical aid, providing legal and psycho-social counselling and temporary shelter. OSCs are to be set up within 2 kms radius of the hospitals or medical facilities either in new constructed building in an approved design or in pre-existing buildings. Under the scheme, One Stop Centres are being set up in all districts of the country.   The Ministry of Women and Child Development has decided to implement the umbrella scheme for safety, security and empowerment of women as an integrated women empowerment programme under the name ‘Mission Shakti’, including the component of One Stop Centres.

 

Mahila Police Volunteer (MPV) scheme was launched by the Ministry of Women and Child Development in collaboration with the Ministry Home Affairs for the engagement of MPVs in the States and UTs. It is a central sector scheme that intends to serve as a public-policy interface to help women in distress.

 

 

Concerns related to Nirbhaya Fund:

• The distribution of funds among states is also lopsided with seven states pocketing 60% of the funds.
• The Safe City initiative, which covers just eight metropolitan areas, has got the biggest slice of funds at Rs 2,920 crore.
• Lengthy approval processes and a lack of coordination between the Centre and state governments have impeded the implementation of projects.
• The absence of a robust monitoring and evaluation mechanism has also contributed to the poor utilisation of funds.
• There is a lack of accountability as no single agency oversees the implementation of initiatives supported by the Nirbhaya Fund.

With its misplaced priorities and poor implementation, it’s not surprising that the Nirbhaya Fund has not been much successful in fostering a sense of safety among women. A 2019 survey revealed that 32% of Indian women felt unsafe in public spaces.

 

What is the Mission Vatsalya Scheme?

• It was launched in 2021 by the Ministry of Women and Child Development (MWCD).
• It is the scheme that provides a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs).
• It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to ‘leave no child behind’.
• The Juvenile Justice (Care and Protection of Children) Act 2015 provisions and the Protection of Children from Sexual Offences Act 2012 form the basic framework for implementation of the Mission.
• The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations to support them in universalizing access and improving quality of services across the country.
• Funds under the Scheme are released according to the requirements and demands made by the States/UTs.

What are Child Care institutions (CCIs)?

• As per international standards as well as the JJ Act, placing a child in institutional care should be a measure of last resort. Children are to be placed in institutions only when it is found that the restoration of the child to parents or family may not be in the best interest of the child.

Recognising that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding” – Preamble of the Convention on the Rights of the Child, 1989 United Nations Convention on the Rights of the Child (UNCRC).

 

• A child care institution as defined under the JJ Act,2015, means Children Home, Open Shelter, Observation Home, Special Home, Place of Safety, etc., for providing care and protection to children, who are in need of such services.

“There can be no keener revelation of a society’s soul than the way in which it treats its children.” – Nelson Mandela.

 

• Under the JJ Act, 2015, the Child Welfare Committees have been empowered to take decisions with regard to the children in need of care and protection, keeping their best interest in mind. They are also mandated to monitor the functioning of the Child Care Institutions (CCIs).
• All Child Care Institutions, whether run by the State Government or by voluntary or non-governmental organisations are to be mandatorily registered under the Act within 6 months from the date of commencement of the Act.

About Juvenile Justice Act, 2015:

• Parliament introduced and passed the Juvenile Justice (Care and Protection of Children) Act in 2015 to replace the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000.
• The Act offered provisions to allow trials of juveniles in the age group of 16-18 years as an adult who were found to be in conflict with the law, especially heinous crimes.
• The Act also offered provisions regarding adoption. The Act replaced the Hindu Adoptions and Maintenance Act (1956) and Guardians of the ward Act (1890) with more universally accessible adoption law.
• The Act enabled smooth functioning of adoption procedures for orphans, surrendered, and abandoned children while making the Central Adoption Resource Authority (CARA) the statutory body for adoption-related matters.

Provisions of Juvenile Justice (Care and Protection) Amendment Act 2021:

Non-Cognisable Offence:

• Crimes against children which are mentioned in the chapter “Other Offences Against Children” of the JJ Act, 2015 that allow an imprisonment between three and seven years will be deemed “non-cognisable”.

Adoption:

• The amendment provides strength to the provision of protection and adoption of children. There are many adoption cases pending before the court and to make proceedings of the court faster now the power is transferred to the district magistrate.
• Amendment provides that the district magistrate has the authority to issue such adoption orders.

Cognizable Offences: · A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. · Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. · The first information report (FIR) is registered only in cognizable crimes.   Non-Cognizable Offences: · A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. · In case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation. Ø A criminal complaint is lodged with the magistrate who is supposed to order the concerned police station to initiate an investigation. · The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes.

 

 

Global Environment Facility

Why in News?

Recently, at the 64th Global Environment Facility (GEF) council meeting in Brazil, the governing body approved the disbursement of USD 1.4 billion to accelerate efforts to tackle the climate, biodiversity and pollution crises.

 

About GEF

• The GEF was established on the eve of the 1992 Rio Earth Summit.
• World Bank serves as the GEF trustee.
• It has 184 member countries, including India.
• Its secretariat is based in Washington, D.C.
• It provides Financial Assistance for five major International Conventions:
  • The Minamata Convention on Mercury
  • The Stockholm Convention on Persistent Organic Pollutants (POPs)
  • The United Nations Convention on Biological Diversity (UNCBD)
  • The United Nations Convention to Combat Desertification (UNCCD)
  • The United Nations Framework Convention on Climate Change (UNFCCC)
  • The GEF, although not linked formally to the Montreal Protocol on Substances That Deplete the Ozone Layer (MP), supports implementation of the Protocol in countries with economies in transition.

The GEF also manages two separate adaptation-focused funds under the UNFCCC— the Least Developed Countries Fund and the Special Climate Change Fund— which mobilize funding specifically earmarked for activities related to adaptation.

Least Developed Countries Fund

• Est in 2001, managed by GEF, supports world’s most vulnerable countries in their efforts to adapt to the effects of climate change.
• LDCF helps countries prepare and implement National Adaptation Programmes.
• World Bank is Trustee.
• It addresses the special needs of 51 LDC.

Special Climate Change Fund

• in 2001, part of GEF.
• It complements LDCF. Unlike LDCF, SCCF is open to all vulnerable developing countries. It funds a wider range of activities related climate change.
• Besides adaptation, SCCF also funds technology transfer, mitigation etc.

 

GEF Council

• The Council, the GEF’s main governing body, comprises 32 members appointed by constituencies of GEF member countries (14 from developed countries, 16 from developing countries, and two from economies in transition).
• Council members rotate at different intervals determined by each constituency.
• The Council meets twice annually.