Introduction:

The Madhya Pradesh High Court grapples with the poignant situation of a POCSO victim struggling for educational support from the state government. Wresting with the intricacies of the ‘Scheme for Care and Support to the Victims under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012,’ the court, led by Chief Justice Ravi Malimath and Justice Vishal Mishra, has sought clarifications on the applicability of the scheme to minor pregnant rape victims and the recourse available for victims above 18. The court’s intervention stems from a Times of India news report highlighting the dire circumstances faced by the survivor.

Arguments:

The Advocate General presented the ‘Scheme for Care and Support’ initiated by the Wrestling Federation of India (WFI), contending that it covers the interests of POCSO victims. However, the court expressed concern, noting that the scheme primarily addresses minor pregnant victims and lacks provisions for rape victims above 18. The court emphasized its overarching concern for victims of rape, regardless of age, and urged the Advocate General to provide further details on the scheme’s applicability to all victims.

Court’s Judgement:

The court has allowed four weeks for the Advocate General to furnish additional information regarding the scheme’s coverage and the options available for victims over 18 years. While the scheme is centrally funded from the NIRBHAYA fund and provides comprehensive services, including access to education, vocational courses, legal support, and health benefits, the court aims to ensure its inclusivity for all victims. The matter is tentatively scheduled for further hearing on 01.04.2024.