End all forms of discrimination against all women and girls everywhere INDICATOR • Sex Ratio at Birth • Average female to male ratio of average wages/salaries received per day by regular wage/salaried employees of age 15-59 years For Rural and urban
Sex Ratio at Birth and Real Per Capita Income (1970 and 2014): International Comparison SKEWED SEX RATIO AT BIRTH (SRB)
India’s sex ratio during this period increased substantially even without the one-child policy from 1060 to 1108 whereas if development acted as an antidote, it should have led to improvements in the sex ratio
1990 • Noting the skewed ratio of females to males, estimated that nearly 100 million women were missing in the world (almost 40 million in India alone). • A large part of this is driven by a combination of sex-selective abortion as well as neglect of the girl child after birth.
2014 calculation • The stock of missing women as of 2014 was nearly 63 million and more than 2 million women go missing across age groups every year (either due to sex selective abortion, disease, neglect, or inadequate nutrition).
India after outlawing sex selection (via the implementation of Pre-Natal Diagnostic Techniques (PNDT) Act, 1994) saw a stabilization of its sex ratio at birth albeit at an elevated level
Parents may choose to keep having children until they get the desired number of sons. This is called son “meta” preference. • A son “meta” preference – even though it does not lead to sex-selective abortion – may nevertheless be detrimental to female children because it may lead to fewer resources devoted to them
Eliminate all forms of violence against all women and girls in the public and private spheres including Traficking and Sexual and other types of Exploitation Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018. Protection of Children from Sexual Offences Act 2012, the Criminal Law Amendment Act 2013 and the Criminal Law (Amendment) Ordinance 2018 Amendment in The Juvenile Justice (Care and Protection of Children) Act, 2015
Criminal Law (Amendment) Ordinance 2018 Vs Protection of Children from Sexual Offences Act (POSCO)2012
POCSO is a specialized law to address sexual violence against all children and was enacted in 2012 after extensive deliberations among multiple stakeholders
What are the Motivating Factors to bring ? • existing framework of laws, criminal procedures, infrastructure and support systems were not conducive for child victims to pursue justice For example, POCSO provides for the reverse burden of proof
Another critical element of the POCSO Act – ensuring a speedy trial for child victims For Example : POCSO provisions mandate that the entire evidence must be recorded within 30 days of the Special Court taking cognizance of the offence trial should be completed within one year of the Special Court taking cognizance of the offence
POSCO ACT Challenges : lack of appropriately trained judges and prosecutors, non-compliance with victim friendly procedures, unavailability of specialized personnel provided in the legislation to assist victims and so on low percentage of convictions (29.6%) and a pendency of 89% in POCSO cases across the country
Argument - very little to do with harsher punishments Since there can be no question of determining punishment without first getting a conviction in the case
Criminal law amendment act 2013 Justice Verma Committee An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012. Punishments for rape in the IPC including the death penalty for rape that results in death or a permanent vegetative state and also for the repeat offence of rape.
An Act further to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012.
Under the Code of Criminal Procedure,1973 investigation into the rape of a child must be completed within three months. • The Ordinance reduces this time period to two months for all rape cases. • The Ordinance bars anticipatory bail in cases of rape of minor girls below 16 years of age. Further, any appeal against a sentence for rape cases must be disposed of within six months.
criminal justice system inflict such punishment only after providing fair trial rights to the accused to the fullest extent possible • Death penalty - mandatory confirmation in the High Court • appeal to the Supreme Court followed by a mandatory open court review, curative petition, clemency petition to the Governor/President and then a right to challenge the rejection of the clemency application
Subjecting child victims to this long process would only exacerbate their suffering • judge-centric nature of death penalty sentencing
It brings us back to a fundamental question – should we approach child rape from the perspective of inflicting the harshest punishment for the perpetrator or are we more concerned about the rehabilitation needs of the victim
The POCSO Act has the same penalty for rape when the victim is a boy or a girl. However, the IPC provisions which apply only to rape of female victims carry a higher punishment. • The Ordinance further widens this difference
Recent current affairs The government on Friday approved amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012, to bring punishments for sexual assaults on boys on a par with those against girls
Ministry of Women and Child Development 1. Mission for Protection and Empowerment of Women • BetiBachaoBetiPadhao, • PradhanMantriMahilaShakti Kendra (PMMSK), • Ujjawala, • One Stop Centre, Women Helpline, hostels, • SWADHAR Greh, • gender budgeting etc.
2. PradhanMantriMatruVandanaYojana (PMMVY) 3. Umbrella ICDS 4. Support to Training and Employment Programme (STEP)
Ministry of Human Resources and Development National Scheme for Incentive to Girl Child for Secondary Education (NSIGSE) PRAGATI (Providing Assistance for Girls’ Advancement in Technical Education Initiative)
The Scheme of One Stop Centre was approved for implementation from 1st April, 2015. The scheme aims to facilitate access to an integrated range of services including medical aid, police assistance, legal aid/case management, psychosocial counselling, and temporary support services to women affected by violence
In the first phase, one Centre was sanctioned per State/UT. Further, 150 additional Centres were taken up in second phase during 2016-17. Thus a total of 186 OSCs have been sanctioned so far and 166 of the same are operational as on 12.12.2017
The OSC, MahilaShakti Kendra (MSK), Women Helpline, etc., are to be co-located as far as possible to enable coordination, convergence and cost efficiency • This scheme is implemented with 100% Central assistance.