Section 66(A) Of The Information Technology Act Creates Controversy

In the wake of recent events in Maharashtra and the Apex court’s intervention, the Government has issued new guidelines to the states that an officer not below the rank of DCP will decide on filing of cases under section 66A of IT Act. The guidelines have come in the wake of alleged misuse of the section in recent few cases.

The decision came after the Communications & IT Minister Kapil Sibal’s meeting with civil society activists for Internet freedom who had sought clarifications on the definition of section 66A of the IT Act.

According to the new guidelines, police officers at the level of IGP or DCP will have to give prior approval for registration of cases relating to 66 A of the IT Act. The senior officer will also decide whether a complaint needs to be registered under this section or not.

Recently two girls from Palghar, in Maharasthra were arrested citing section 66A of the Act.

Apex Court’s Intervention

The Supreme Court on November 29, 2012 observed that the country was outraged when two young women were arrested in Mumbai recently for posting comments in social networking websites, and decided to examine the constitutional validity of Section 66A of the Information Technology Act.

A Bench comprising Chief Justice Altamas Kabir and Justice J. Chelameswar was responding to a PIL (Public Interest Litigation) filed by 21-year old Delhi-based girl Shreya Singhal. In her PIL, she challenged the constitutional validity of section 66A of the IT Act. PIL filed by said recent events had had a chilling effect on her and crores of other Internet users.

The petitioner contended that the Section was so wide and vague and incapable of being judged on objective standards that it was susceptible to wanton abuse. Contending that it was violative of freedom of speech and expression guaranteed by Article 19 (1) (a) of the Constitution, she wanted it declared unconstitutional, and an interim stay on its operation.

The apex court has sought the government’s view on the act. Presently, the matter is pending with the court.

What Is Section 66 A?

Section 66A of the Information Technology Act, 2000, was inserted vide the Information Technology Amendment Act of December 2008.  This section states:

Any person who sends, by means of a computer resources or a communication device,

1. Any information that is grossly offensive or has menacing character, or
2. Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, inquiry, criminal intimidation, enmity, hatred or it will, persistently by making use of such computer resource or a communication device; or
3. Any electronic mail or electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to insult the addressee or recipient about the origin of such message, shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

POCSO Act – Providing Child-Friendly Judicial Process

India is home to the largest child population in the world, with almost 42 per cent of the total population under eighteen years of age. Needless to say, the health and security of the country’s children is integral to any vision for its progress and development.

One of the issues marring this vision for the country’s future generations is the evil of child sexual abuse. Statistics released by the National Crime Records Bureau reveal that there has been a steady increase in sexual crimes against children.

According to a study conducted by the Ministry of Women and Child Development in 2007, over half of the children surveyed reported having faced some form of sexual abuse, with their suffering exacerbated by the lack of specific legislation to provide remedies for these crimes.

While rape is considered a serious offence under the Indian Penal Code, the law was deficient in recognising and punishing other sexual offences, such as sexual harassment, stalking, and child pornography, for which prosecutors had to rely on imprecise provisions such as “outraging the modesty of a woman”.

The Ministry of Women and Child Development, recognising that the problem of child sexual abuse needs to be addressed through less ambiguous and more stringent legal provisions, championed the introduction of a specific law to address this offence. The POCSO Act was therefore formulated in order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children.

Centre Notifies New Copyright Rules 2013

The Copyright Rules, 2013 has been notified by the Copyright Division, Department of Higher Education, Ministry of Human Resource Development on 14th March, 2013. The amendments to the existing provisions of the Copyright Act, 1957 and introduction of new provisions under the Copyright(Amendment) Act, 2012, which came into the force on 21st June, 2012, necessitated amendments to the Copyright Rules, 1958. The draft Rules were posted on the website of the Copyright Office on 28th August, 2012 seeking comments of all stakeholders and experts giving a deadline of 20th September, 2012. The Ministry also held a meeting with various stakeholders and copyright experts on 8th October, 2012 to seek their suggestions on the draft rules.

The Copyright Rules, 2013 provide new rules for statutory licence for cover versions and broadcasting of literary and musical works and sound recording; compulsory licences for works withheld from public, unpublished and published works, for benefit of disabled; registration of Copyright Societies and Performer’s Right Societies; storage of transient or incidental copies of woks; making or adapting the work by organisations working for the benefit of persons with disabilities; importation of infringing copies and technological protection measures.

The fee for registration of copyright for various works and fee for licences to be issued by register of Copyrights under the directions/orders of the Copyright Board have been increased under the Copyright Rules, 2013. The minimum fee has been increased for registration from Rs. 50/- per work to Rs. 500/- per work and the maximum fee has been increased from Rs. 600/- per work to Rs. 5,000/-. The fee for licences has been increased from Rs. 200/- to Rs. 2000/- per work and the maximum fee has been increased from Rs. 400/- to Rs. 40,000/-. The new fee structure provided under Second Schedule of the Rules is applicable from the date of coming into force of the Copyright Rules, 2013 that is 14th March, 2013. A copy of the same has been made available on the website of the Copyright Office.

Clinical Establishments (Registration and Regulation) Act, 2010

The Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted by the Central Government to provide for registration and regulation of all clinical establishments in the country with a view to prescribing the minimum standards of facilities and services provided by them. The Act has taken effect in the four states namely, Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim, and all Union Territories since 1st March, 2012 vide Gazette notification dated 28th February, 2012. The states of Uttar Pradesh, Rajasthan and Jharkhand have adopted the Act under clause (1) of article 252 of the Constitution.

The Government has notified the National Council for Clinical Establishments and the Clinical Establishments( Central Government) Rules, 2012  under this Act vide Gazette notifications dated 19th March, 2012 and 23rd May, 2012 respectively.

The Act is applicable to all kinds of clinical establishments from the public and private sectors, of all recognized systems of medicine including single doctor clinics. The only exception will be establishments run by the Armed forces.

Definition Of Clinical Establishment

“Clinical establishment” is defined as hospitals and clinics and similar facilities that offer treatment for illness in any recognised system of medicine (allopathy, yoga, naturopathy, ayurveda, homoeopathy, siddha and unani). It also includes any laboratory which offers pathological, chemical and other diagnostic services. An establishment can be owned by the government, a trust, and a single doctor establishment. The Bill does not apply to any clinical establishment owned or managed by the Armed Forces.

Salient Features

• The Act mandates the Centre to establish a National Council of Clinical Establishments to (a) determine the minimum standards of health care by a clinical establishment; (b) classify them into categories; and (c) maintain a national register of clinical establishments
• Every clinical establishment has to be registered to admit patients for providing treatment
• National Register to be compiled within two years from the date of commencement of the law
• The register to determine the first set of standards for clinical establishments
• Every state government shall establish a State/Union Territory Council for clinical establishments
• The state government shall set up a district registering authority for registering clinical establishments at district level
• The central government to notify standards for each type of clinical establishment

The Civil Liability For Nuclear Damage Act, 2010

Current Status: Rules, the Civil Liability For Nuclear Damage Bill 2010 was passed by the Lok Sabha on August 25, 2010 and the Rajya Sabha on August 30, 2010.

Ministry: Dept. of Atomic Energy

The Civil Liability for Nuclear Damage Act that was passed by the Parliament in August 2010 limits the liability of the operator in case of a nuclear incident. It secures the operator the right to recourse under certain circumstances. The Act also provides a mechanism to compensate victims of nuclear damage. The Civil Liability for Nuclear Damage Rules were notified under the Act on November 11, 2011. The Rules stipulate certain mandatory clauses for contracts that secure the operator the right to recourse. They also prescribe the procedure to provide compensation to victims in case of nuclear incidents.

Salient Features

• The Rules were notified under the Civil Liability for Nuclear Damage Act, 2010 on November 11, 2011
• The Rules specify conditions for the operator to seek recourse against the supplier when the right to recourse is provided under a contract
• The Act specifies three circumstances under which the operator can seek recourse
• The Rules specifically relate to the operator’s right to recourse under a contract under Section 17(a)
• The right to recourse can be exercised either during the ‘initial license period’ under the Atomic Energy (Radiation Protection) Rules, 2004, or the product liability period, whichever is longer
• The procedures prescribed to transfer compensation to the claimant differ on the basis of the claimant’s gender, literacy level and disability

The Energy Conservation (Amendment) Act, 2010

Current Status: The Energy Conservation (Amendment) Bill, 2010 was passed by the Lok Sabha on May 4, 2010 and the Rajya Sabha on August 17, 2010

Ministry: Power

Considering the vast potential of energy savings and benefits of energy efficiency, the Government of India enacted the Energy Conservation Act, 2001 (52 of 2001). The Act provides for the legal framework, institutional arrangement and a regulatory mechanism at the Central and State level to embark upon energy efficiency drive in the country. Five major provisions of EC Act relate to Designated Consumers, Standard and Labelling of Appliances, Energy Conservation Building Codes, Creation of Institutional Set up (BEE) and Establishment of Energy Conservation Fund.

The Energy Conservation Act became effective from 1st March, 2002 and Bureau of Energy Efficiency (BEE) operationalized from 1st March, 2002. Energy efficiency institutional practices and programs in India are now mainly being guided through various voluntary and mandatory provisions of the Energy Conservation Act.

The EC Act was amended in 2010 and the main amendments of the Act are given below:

Main Amendments

• The Central Government may issue the energy savings certificate to the designated consumer whose energy consumption is less than the prescribed norms and standards in accordance with the procedure as may be prescribed
• The designated consumer whose energy consumption is more than the prescribed norms and standards shall be entitled to purchase the energy savings certificate to comply with the prescribed norms and standards
• The Central Government may, in consultation with the Bureau, prescribe the value of per metric ton of oil equivalent of energy consumed
• Under the original Act, the government could specify energy conservation building codes for commercial buildings with a connected load of more than 500 kW or contract demand of 600 kVA. The amendment broadens the range of commercial buildings to which such building codes apply to those with a connected load of more than 100 kW, or contracted demand of more than 120 kVA
• The amendment increases the penalty specified for offences committed under the original Act. Each offence shall attract a penalty of Rs 10 lakh (Rs 10,000 earlier), with an additional penalty of Rs 10,000 for each day that the offence remains (Rs 1000 earlier). The additional penalty, for those industries who consume energy in excess of norms, will be the value of the excess energy consumed.
• The original act provided for the setting up of an Appellate Tribunal for Energy Conservation, which would hear appeals against orders of the central or state government. The amendment does away with this provision and provides for appeals against such orders to be heard by the appellate tribunal established under the Electricity Act, 2003

The National Green Tribunal Act, 2009

Current Status: The National Green Tribunal Bill, 2009 was passed by the Lok Sabha on April 30, 2010 and the Rajya Sabha on May 5, 2010

Ministry: Environment and Forests

The National Green Tribunal Act 2010 was approved by the President of India on June 2, 2010. It provides for establishment of National Green Tribunal- a special fast-track court for speedy disposal of environment-related civil cases.

An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.

Salient Features

• The Act aims to set up specialised environmental courts in the country
• The National Green Tribunal (NGT) has replaced the existing National Environmental Appellate Authority (NEAA) and has wider jurisdiction than the NEAA.
• NGT has been empowered to hear initial complaints as well as appeals from decisions of authorities under various environmental laws.

National Green Tribunal (NGT)

The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

The Tribunal’s dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal.

The Prevention Of Money Laundering (Amendment) Bill, 2011

Important Info:

Ministry: Ministry of Finance

Current Status: Lok Sabha passed it on November 29, 2012

Introduction: Introduced in the Lok Sabha on Dec 27, 2011

The Lok Sabha passed the Unlawful Activities (Prevention) Amendment Bill, 2011 on November 29, 2012. The Bill will be a step towards fulfilling commitments made at the Financial Action Task Force, which is an international organisation to combat money laundering and financing of terrorism.

The Bill enhances the period for which a group can be declared as unlawful from two to five years. More criminal activities including threat to the economic security of the country and peddling high security counterfeit currency will come under its purview.

The Bill does not discriminate between any communities or groups. There are provisions in the Bill to prevent its misuse by the police. The Amendment Bill was adopted by the Lok Sabha by a voice vote.

The amendment Bill was introduced by the then Minister of Finance, Mr Pranab Mukharjee in the Lok Sabha on December 27, 2011.

Highlights

• Parliament has improved upon the money laundering law in 2005, after bringing it in 2002, and then again in 2009 and once again in 2012.
• This Bill seeks to amend the Prevention of Money Laundering Act, 2002.
• It will introduce the concept of ‘corresponding law’ to link the provisions of Indian law with the laws of foreign countries.
• Concept of ‘reporting entity’ has been introduced by this amendment.
• The bill covers banking company, financial institution, intermediary or a person carrying on a designated business or profession.
• Expanding the definition of money laundering, offences like concealment, acquisition, possession and use of proceeds of crime have been included.
• It also seeks to remove existing limit of Rs 5 lakh as fine under the Act.
• The Bill seeks to provide for provisional attachment and confiscation of property of any person (for a period not exceeding 180 days).
•  The Bill proposes to confer powers upon the Director to call for records of transactions or any additional information that may be required for the purposes of investigation.  The Director may also make inquiries for non-compliance of the obligations of the reporting entities.
• Reporting entity, its designated directors on the Board and employees will be responsible responsible for omissions or commissions.
• Against the order of the Appellate Tribunal, one can appeal directly to the Supreme Court within 60 days.
• The Bill seeks to provide for the process of transfer of cases of the Scheduled offences pending in a court (which had taken cognizance of the offence) to the Special Court for trial.

Amendments To The “Indecent Representation of Women (Prohibition) Act, 1986

The Union Cabinet on 11October,2012 approved the introduction of Amendments to the “Indecent Representation of Women (Prohibition) Act, 1986″ in Parliament.

Key amendments proposed are as follows:

• Broaden the scope of the law to cover the audio-visual media and material in electronic form
• Penalties to be enhanced to a maximum of three years of imprisonment and fine of between Rs 50,000 to Rs 1,00,000 for first conviction, and imprisonment of not less than two years, but which may extend to seven years, and a fine between Rs 1,00,000 to Rs

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Deendayal Disabled Rehabilitation Scheme

The umbrella Central Sector Scheme of the Ministry of Social Justice And empowerment  called “Scheme to Promote Voluntary Action for Persons with Disabilities” was revised w.e.f. 01.04.2003 and was renamed as the “Deendayal Disabled Rehabilitation Scheme (DDRS)”.

Objectives

The objectives of the scheme are:

• To create an enabling environment to ensure equal opportunities, equity, social justice and empowerment of persons with disabilities
• To encourage voluntary action for ensuring effective implementation of the People with Disabilities (Equal Opportunities and Protection of Rights) Act of 1995

Approach And Strategy

The approach of this Scheme is to provide financial assistance to voluntary organizations to make available the whole range of services necessary for rehabilitation of persons with disabilities including early intervention, development of daily living skills, education, skill-development oriented towards employability, training and awareness generation. With a view to inclusion of persons with disabilities in the mainstream of society and actualizing their potential, the thrust would be on education and training programmes. In order to achieve the objectives of the scheme the key strategies will be as follows:

• To enhance educational opportunities at all levels and in all forms and enlarge the scope of vocational and professional opportunities, income generation and gainful occupations
• To support all such measures as may be necessary for promoting formal as well as non-formal employment and placement opportunities
• To implement outreach and comprehensive Community Based Rehabilitation programmes in urban and rural environments
• To support manpower development activities to train required personnel at different levels for all programmes/ projects/activities for persons with disabilities
• To support the development, publication and dissemination of information, documentation and training materials
• To set up well equipped resource centres at different levels. To promote and support the development of self-help groups, parent organizations and independent living
• To encourage coordination, cooperation and networking and multi-sectoral linkages
• To support people with disabilities in projects which are environment friendly and ecopromotive
• To support construction and maintenance of buildings, provision of furniture and fixtures and installation and maintenance of machinery and equipment
• To establish and support facilities for sport, recreation, leisure-time activities, excursions, creative and performing arts, cultural and socially inclusive activities
• To support and acilitate the availability of appropriate housing, homes and hostel facilities.
• To support the conduct of surveys and other forms of epidemiological studies
• To promote research in various development areas, innovative strategies, assistive devices and enabling technologies and support production of such devices ensuring quality control
• To support effort to ensure protection of human, civil and consumer rights of persons with disabilities
• To support legal literacy, including legal counseling, legal aid and analysis and evaluation of existing laws
• To support such other measures, which may meet the needs of the persons with disability and fulfill the obligations as prescribed in the People with Disabilities (Equal Opportunities and Protection of Rights) Act of 1995

Dhanlakshmi-Conditional Cash Transfer For Girl Child

The Ministry of Women and Child Development launched “Dhanalakshmi”“a Conditional Cash Transfer Scheme for Girl Child with Insurance Cover (CCT)” on a pilot basis in March, 2008. Under the scheme, cash transfers are made to the family of the girl child (preferably the mother) on fulfilling certain specific conditionalities related to birth and registration, immunization, school enrollment and retention immunization, school enrollment and retention upto Class VIII and delay in marriage of the girl child till the age of 18 years.

Objectives

The objective of the Scheme is two-fold:

• To provide a set of staggered financial incentives for families to encourage them to retain the girl child and look after her well being
• To change the attitudinal mindset of the family towards the girl – by linking cash transfers to her well-being. This will force families to look upon the girl as an asset rather than a liability since her very existence has led to cash inflow to the family.

Cash Transfer

Cash transfers are made under the Scheme to the family of the girl child (preferably the mother) on fulfilling the following conditions:

1. Birth registration of the girl child
2. Progress of immunization
3. Full immunization
4. Enrolment to school and retention in school

“Dhanlakshmi” is being implemented in 11 Blocks across seven States on pilot basis and is being implemented by the State Governments through the District Authorities. While in the year 2010-11 Rs 1.83 crore were released for 16,739 beneficiaries, no releases were made during 2011-12.

Rajiv Gandhi National Creche Scheme For The Children Of Working Mothers

Rajiv Gandhi National Creche Scheme for the Children of Working Mothers provides Day Care facilities to the Children in the age group 0-6 years from families with monthly income of less than Rs 12,000/-. In addition to being a safe place for the children, the crèches provide services such as supplementary nutrition, pre-school education and emergency health care, etc.

The scheme envisages implementation through the Central Social Welfare Board (CSWB), Indian Council for Child Welfare (ICCW) and Bhartiya Adim Jati Sevak Sangh (BAJSS). In view of the complaints regarding irregularities in management of crèches by BAJSS, 5,522 creches were temporarily transferred to CSWB with effect from 18th November, 2008. The irregularities have been enquired into by CVO of the Ministry and the report has been sent to Central Vigilance Commission for advice. Further, the CCA has been asked to conduct an internal audit of the accounts and transactions of BAJSS. The report is awaited.

Financial Norms

The scheme provides grant of Rs 3,532 per month for a crèche, limited to 90 per cent of the schematic pattern or actual expenditure whichever is less and the remaining expenditure is borne by the implementing agencies. Honorarium to creche workers is fully funded under the scheme.

Monitoring of Creches

The Scheme has in-built component of monitoring of creches. State-wise independent monitoring agencies have been identified which include schools of Social Work, Women’s Studies Centres and other reputed agencies. Grant for monitoring of Creches is given @ Rs 700.00 per crèche visited and inspected and a lump sum one time grant of Rs 10,000.00 to each monitoring agency. Every crèche is required to be inspected at least once in a period of two years.

Recent Initiatives

For better implementation of the scheme and ensuring delivery of quality services, Ministry has reviewed the procedures being followed for selection of locations/NGOs/Creche Workers, release of funds and monitoring. Accordingly, Standard Operating Procedure (SOP) has been prepared for CSWB which includes enhanced role for the State Government and District Administration in management of Creches. SOP have been developed which incorporate greater role of State Governments in the implementation of the scheme. This includes involvement in establishing credibility of NGOs, review of pre-funding appraisal report and monitoring at District level by a monitoring committee headed by District Magistrate and by local committees with Patwari, Govt. School Teacher/Village level worker representatives of Village Panchayat. The State Governments have been asked to inspect crèches to assess quality of services.

A Committee had been set up by the Ministry to suggest changes in the scheme for improving its coverage and quality. The Committee has suggested enhanced financial norms, stringent monitoring, and recommended fulfillment of certain pre-conditions before setting up of the crèches. To find the performance of the creches with enhanced financial norms as recommended by the Committee, the proposal to set up 5 model Creches in Delhi has been initiated.

Scheme For Combating Trafficking: Ujjawala

“Ujjawala”, a comprehensive scheme to combat human trafficking with special focus on children and women was launched by the Ministry of women And Child Development on 4th December, 2007 and is being implemented mainly through NGOs. The Scheme has five components — Prevention, Rescue, Rehabilitation, Re-Integration and Repatriation of trafficked victims for commercial sexual exploitation.

Some of the activities envisaged under the Scheme are:

• Formation of community vigilance groups, adolescents groups, awareness creation and preparation of IEC material, holding workshops, etc
• Safe withdrawal of victims from the place of exploitation
• Rehabilitation of victims by providing them safe shelter, basic amenities, medical care, legal aid, vocational training and income generation activities
• Re-integration of victims into society.
• Provide support to cross-border victims for their safe repatriation to their country of origin

Under the Scheme, assistance is provided to eligible organizations for undertaking the above activities. An outlay of Rs 10.00 crore was approved for the Scheme in 2011-12. During the year, 19 new projects have been sanctioned taking the total number of sanctioned projects to 166 which includes 83 Rehabilitation Homes. Funds were released/sanctioned for 64 projects during the year (upto 30.1.2012).

Training And Capacity Building

The Ministry of Women and Child Development in collaboration with National Institute of Public Co-operation and Child Development (NIPCCD) organizes trainings and workshops on issues related to trafficking for NGOs and other stakeholders.

Cross Border Trafficking

To facilitate operationalization of the provisions of the SAARC Convention on Preventing and Combating Trafficking of Women and Children in Prostitution, the Standard Operating Procedures (SOPs) have been finalized. At a Regional Task Force meeting held in April 2010, the Paper, prepared by India, for a uniform toll-free helpline for children was discussed. A meeting was held in Delhi where issues relating to setting up of help lines for women and children were discussed.

Financial Assistance And Support Services To Victims Of Rape: A Scheme For Restorative Justice

Rape is one of the most violent forms of crimes against women, which not only impacts her bodily integrity but, in the long-run, impairs her capacity to develop meaningful personal and social relationships, and affects her life and livelihood.

The victim of rape suffers mental and psychological trauma, which must be addressed so that she is able to lead a dignified and meaningful life.

While no amount of financial assistance can adequately compensate for the injury, both physical and emotional, faced by a victim of rape, the Ministry formulated a Scheme ‘Financial Assistance and Support Services to Victims of Rape’ to provide a helping hand to enable her to cope with the trauma suffered and to tide over her immediate and long-term needs. It is founded on the principle of restorative justice and seeks to restore the affected woman to a position of dignity and self-confidence. The scheme proposes to cover women and minor girls who are victims of rape.

In furtherance of the goal of ensuring restorative justice, the proposed Scheme provides for:

• Financial assistance to the affected woman; and
• Support services such as shelter, counselling, medical aid, legal assistance, education and vocational training depending upon the needs of the victim

The proposed Scheme also envisages the setting up of Criminal Injuries Relief and Rehabilitation Boards at the District, State and Central levels for consideration of claims and ensuring effective coordination between all stakeholders. The priority of the Ministry is to encourage the States/UTs to take up proactive implementation and the effort would be geared to encouraging them to take ownership of the Scheme.

To orient various stakeholders about the provisions of the scheme and to draw up guidelines for implementation, 3 Regional Workshops were conducted at Bangalore, Kolkatta & Delhi.

The scheme is awaiting the approval of the Planning Commission on modalities of transfer of funds to the States/UTs.

Integrated Child Protection Scheme

To encourage quicker establishment of structures and procedures under the Juvenile Justice (Care & Protection of Children) Act [JJ Act], the Ministry of Women & Child Development introduced, in 2009-10, a comprehensive scheme, namely, the Integrated Child Protection Scheme (ICPS) under which financial and technical support is provided to the State Governments/UT Administrations. ICPS brings several existing child protection programmes, under one umbrella, with improved norms. These include, (i) A Programme for Juvenile Justice; (ii) An Integrated Programme for Street Children; and (iii) Scheme for Assistance to Homes [Shishu Greh] to promote In-country Adoption. A number of new initiatives have also been incorporated, such as dedicated service delivery structures at State and district levels, child tracking system, sponsorship, fostercare etc.

Objectives

The objectives of the scheme are to contribute to the improvement in the well being of children in difficult circumstances, as well as the reduction of vulnerabilities to situations and actions that lead to abuse, neglect, exploitation, abandonment and separation of children from their families. These are achieved by (i) improved access to and quality of child protection services; (ii) increased public awareness about the reality of child rights, situation and protection in India; (iii) clearly articulated responsibilities and enforced accountability of these responsibilities for child protection (iv) established and functioning structures at all government levels for delivery of statutory and support services to children in difficult circumstances; (v) evidence based monitoring and evaluation system.

Target Group

ICPS focuses its activities on

• Children in Need of Care and Protection as listed in the Juvenile Justice (Care and Protection Act) 2000
• Children in conflict with law; who have or are alleged to have committed an offence
• Children in contact with law; who have come into contact with the law as a victim, witness or under any other circumstance
• Any other vulnerable child (including but not limited to) – children of migrant families, children living on the streets, child beggars, exploited/trafficked/drug-affected children, children of prisoners, children of women in prostitution and children affected/infected with HIV/AIDS

Major Components

• The services that are strengthened/introduced and provided finances for, under ICPS are:
• Institutional Services: Shelter Homes; Children’s Homes; Observation Homes; Special Homes; and Specialized services for children with special needs
• Service delivery structures for the above services at Central, State and District levels
• Emergency outreach services for children in difficult circumstances through Childline Open shelters for children in need in urban and semi-urban areas
• Family based non-institutional care through: Sponsorship; Foster Care; Adoption; and After Care Programme
• Child Tracking System including a website for missing children
• Advocacy, public education and communication
• Training and capacity building
• General grant-in-aid for need based/innovative interventions

Women Empowerment And Livelihood Programme In Mid Gangetic Plains – ‘Priyadarshini’

The Ministry Of Women and Child Development is administering International Fund for Agricultural Development (IFAD) assisted pilot project namely Women’s Empowerment and Livelihoods Programme in the Mid Gangetic Plains in 13 blocks spread over 5 districts in Uttar Pradesh and 2 districts in Bihar. The Programme aims at holistic empowerment (economic and social) of vulnerable groups of women and adolescent girls in the project area through formation of women’s Self Help Groups (SHGs) and promot ion of improved l ive l ihood opportunities. Over 1,00,000 households are to be covered under the project and 7,200 SHGs will be formed during the project period ending 2016-17.Though the focus of project is on livelihood enhancement, the beneficiaries will be empowered to address their, political, legal and health problem issues through rigorous capacity building.

National Bank for Agriculture and Rural Development (NABARD) is the lead programme agency for the implementation through engagement of Resource NGOs and Field NGOs (FNGOs). FNGOs are envisaged to carry out all field level activities, whereas a Resource NGO (RNGO) has been envisioned to undertake activities relating to specialized capacity building and provide other technical support to all field level project functionaries to ensure effective implementation of the programme. The programme envisages giving training to the SHG members on topics such as income generation and allied activities, marketing of products and social issues etc.

During the financial year 2010 – 11, all preparatory activities necessary to launch field level implementation were completed, which included selection of 13 blocks in seven project districts, setting up of programme management structures such as, Central Programme Support Unit (CPSU) at the Ministry, National Programme Coordination Unit (NPCU) at NABARD headquarter and State Programme Monitoring Units (SPMUs) at NABARD offices in Patna and Lucknow respectively, deployment of district level project staff through establishment of Project Implementation Units (PIUs) and preparation of a Programme Implementation Manual (PIM). Besides, selection of Resource NGOs and Field NGOs was also completed. Finally, project was rolled out in the field through a Start – up Workshop for both States in April, 2011. Since April, 2011, Priyadarshini has made following progresses:

A. Progress in SHG mobilization

i.  1571 SHGs have been promoted, of which 858 SHGs are in Bihar and 713 in Uttar Pradesh.

ii.  Of the above 1571 SHGs, 263 have been savings linked – 246 in Uttar Pradesh and 17 in Bihar.

Swadhar Scheme

Recognizing the need to prevent women from exploitation and to support their survival and rehabilitation, the scheme of Short Stay Home (SSH) for women and girls was introduced as a social defence mechanism, by the Department of Women and Child Development in 1969.

The scheme is meant to provide temporary accommodation, maintenance and rehabilitative services to women and girls rendered homeless due to family discord, crime, violence, mental stress, social ostracism or being forced into prostitution and in moral danger.

There are 337 SHHs functioning in the country. Another scheme with the similar objectives namely Swadhar – A Scheme for Women in Difficult Circumstances was launched by the Department of Women and Child Development in 2001-02. The scheme through the provisions of shelter, food, clothing, counseling, trainings, clinical and legal aid aims to rehabilitate such women in difficult circumstance. As on 20.01.2012, there are 322 swadhar homes across the country.

Swadhar Greh: As the target group and the objectives of both the short stay homes and swadhar schemes were similar, these have been merged to a new scheme ‘Swadhar Greh’, with revised financial norms, in order to reach out to those women who are victims of difficult circumstances and are in need of institutional support for rehabilitation, so that they could lead their life with dignity. Financial assistance under each component of the scheme will be provided to the implementing agencies so that the day to day requirement of the inmates of the home could be fulfilled.

The scheme aims to set up a Swadhar Greh in every district.

Objectives

• To cater to the primary need of shelter, food,clothing, medical treatment and care of the women in distress who are without any social and economic support
• To enable them to regain their emotional strength that gets hampered due to their encounter with unfortunate circumstances
• To provide them with legal aid and guidance to enable them to take steps for their readjustment in family/society
• To rehabilitate them economically and emotionally
• To act as a support system that understands and meets various requirements of women in distress
• To enable them to start their life afresh with dignity and conviction

Target Group

• Women who are deserted and are without any family support
• Widow survivors of natural disaster who have been rendered homeless and are without any social and economic support
• Women affected by HIV/AIDS
• Women prisoners released from jail and are without family, social and economic support
• Women victims of domestic violence, family tension or discord, who are made to leave their homes without any means of subsistence and have no special protection from exploitation and/ or facing litigation on account of marital disputes
• Trafficked women/girls rescued or runaway from brothels or other places where they face exploitation. However, such women/girls should first seek assistance under Ujjawala Scheme in areas where it is in operation

Hostel For Working Women

The Scheme of Hostel for Working Women envisages provision of safe and affordable hostel accommodation to working, single working woman, women working at places away from their home-town and for women being trained for employment.

Since its inception in 1972-73, 891 hostels have been sanctioned under the scheme all over the country benefiting about 66,299 working women.

The scheme has been revised with following salient features:

• Financial assistance for construction of hostel building to be given only on public land
• Financial assistance available for rent of the hostels run in rented premises also
• Provision for maintenance grant of hostel building (maximum Rs 5.00 lakh) and one-time non-recurring grant for furnishings @ Rs 7500/- per beneficiary
• State Government agencies, Urban Municipal Bodies, Cantonment Boards, Civil Society Organizations, Panchayati Raj Institutions, Self Help Groups, Recognized Colleges/Universities and Corporate or associations like CII, ASSOCHAM and FICCI included under the revised scheme

Beneficiaries

• Working women, who may be single, widowed, divorced, separated, married but whose husband or immediate family does not reside in the same city/area
• Particular preference may be given to women from disadvantaged sections of the society
• There should be also provision for reservation of seats for physically challenged beneficiaries
• Women who are under training for job provided the total training period does not exceed one year. This is only on the condition that there is vacancy available after accommodating working women. The number of women under training for job should not exceed 30% of the total capacity
• Girls up to the age of 18 years and boys up to the age of 5 years, accompanying working mothers will be provided accommodation, with their mothers.
• Working mothers may also avail of the services of the Day Care Centre, as provided under the scheme Income Limit, Rent and Period of Stay
• Working Women will be entitled to hostel facilities provided their gross income does not exceed Rs 30,000/- consolidated (gross) per month in metropolitan cities, or Rs 25,000/-consolidated (gross) per month, in any other place
• When the income of any working woman already residing in a hostel exceeds the prescribed limits, she will be required to vacate the hostel within a period of two months of crossing the income ceiling
• The implementing organisation will charge from the inmates of the working women’s hostel reasonable rent not exceeding 15% of their total emoluments/gross salary in the case of single bed rooms, 10% in case of the double bed rooms and 7 ½ % in the case of the dormitories
• Fees charged from the children in the Day Care Centre should not be more than 5% of the emoluments of their mother, or the actual expenditure whichever is less.

Support To Training & Employment Programme for Women

The Ministry of Women and Child Development has been administering the Support to Training and Employment Programme for Women (STEP) as a Central Sector Scheme since 1986-87, to ensure sustainable employment and income generation for marginalized and assetless rural and urban women across the country.

The unique feature of STEP is its integrated package of inputs aiming at holistic development of poor women. The ultimate endeavour of each project is to develop the group to thrive on a self-sustaining basis in the market place with minimal governmental support and intervention even after the project period is over.

Objectives Of The Scheme

• To mobilise women in small viable groups and make facilities available through an access to credit
• To provide for skill upgradation
• To enable groups of women to take up employment-cum-income generation programmes by providing backward and forward linkage
• To provide support services for further improving training and employment conditions for women

Sectors Covered

The Scheme covers 10 traditional sectors of employment:

1. Agriculture
2. Animal Husbandry
3. Dairying
4. Fisheries
5. Handlooms
6. Handicrafts
7. Khadi and Village Industries
8. Sericulture
9. Social Forestry
10. Waste Land Development

Target Group

The target group to be covered under the STEP Programme includes the wage labourers, unpaid daily workers, female headed households, migrant labourers, tribal and other dispossessed groups. The beneficiaries under the projects will be poor or assetless marginalised women with special focus on SC/ST households, women headed households and families below poverty line.

Indira Gandhi Matritva Sahyog Yojana (IGMSY)

Indira Gandhi Matritva Sahyog Yojana (IGMSY) – a Conditional Maternity Benefit Scheme for Pregnant and lactating women was introduced in October 2010. The scheme aims to contribute to better enabling environment by providing cash incentives for improved health and nutrition to pregnant and nursing mothers.

The Scheme is being implemented through the platform of Integrated Child Development Services (ICDS) Scheme. The focal point of implementation is the Anganwadi Centre (AWC) at the village.

Objectives

To improve the health and nutrition status of pregnant & lactating women and infants by:

• Promoting appropriate practices, care and service utilisation during pregnancy, safe delivery and lactation;
• Encouraging the women to follow (optimal) IYCF practices including early and exclusive breast feeding for the first six months;
• Contributing to better enabling environment by providing cash incentives for improved health and nutrition to pregnant and lactating mothers.

Target Group

• Pregnant Women of 19 years of age and above for first two live births (benefit for still births would be as per the guidelines of scheme).
• All Government/PSUs (Central & State) employees are not entitled from the scheme as they are entitled for paid maternity leave.

Geographical Coverage

The scheme is being implemented as a pilot project. In order to ensure national coverage and diversity of implementation experiences, IGMSY would be piloted in 52 identified districts amongst all the States/UTs across the country. Out of these 52 districts, 11 each are selected from good and weak performing districts, 26 from medium performing districts and 4 are UTs. A mix of good performing, poor performing and medium performing districts have been selected to test check the success of implementation viz-a-viz. demand and supply. The districts have been selected from across the country based on six indicators which are available from DLHS-3. These were given equal weightages.

The indicators are:

1. Percent literate Female Population (Age 7+)
2. Mothers registered in the first trimester when they were pregnant with last live birth/still birth (%)
3. Mothers who had at least 3 Ante-Natal care visits during the last pregnancy (%), iv) Institutional births (%)
4. Children (12-23 months) fully immunized (BCG, 3 doses each of DPT, and Polio and Measles) (%) and
5. Children breastfed within one hour of birth (%)

PURA-Provision Of Urban Amenities In Rural Areas

Lack of livelihood opportunities, modern amenities and services for decent living in rural areas lead to migration of people to urban areas. There are wide gaps in the availability of physical and social infrastructure between rural and urban areas. To address these issues, in the year 2003 the then President of India Dr. A.P.J. Abdul Kalam had enunciated the idea of integrated development of villages leading to urbanization through a mission for Provision of Urban Amenities in Rural Areas (PURA). Dr. Kalam visualized providing four connectivities: physical connectivity, electronic connectivity, knowledge connectivity leading to economic connectivity of rural areas.

Subsequently, PURA was implemented as a pilot scheme during the 10th Five Year Plan in Basmath (Maharashtra), Bharthana (Uttar Pradesh), Gohpur (Assam), Kujanga (Orissa), Motipur (Bihar), Rayadurg (Andhra Pradesh) and Shahpura (Rajasthan). An evaluation study of these pilot projects by National Institute of Rural Development (NIRD) revealed that the scheme was open-ended without specific guidelines and had no in-built business plan. Besides, it was largely infrastructure-centric without factoring lead economic activities and the site selection was not based on growth potential. It did not allow for convergence with other schemes of rural development or other Departments, hence having limited impact on holistic development of rural areas.

Based on the findings of the evaluation study by NIRD, comments of various Ministries/Departments, feedback received during consultations with private sector representatives and officials of State Governments, and the recommendations of the consulting team of Asian Development Bank (ADB), the scheme was totally restructured as PURA for implementation on pilot basis during 11th Five Year Plan as a Central Sector scheme.

Some of the salient features of the restructured PURA include:

1. Convergence of Central and State Government schemes
2. Implementation in project mode and based on lifecycle cost approach that allows bundling of construction and O&M of infrastructure and amenities
3. Implementation through a single private partner to ensure simultaneous delivery of key infrastructure required in villages leading to optimal use of resources
4. Site selection by private partner on basis of socio-economic growth considerations
5. Agreement between Gram Panchayat and the private partner that makes the restructured PURA a model for empowerment of Gram Panchayats and public accountability

Planning Commission provided an initial budget of Rs. 248 crore for implementing a batch of pilots under PURA For the first batch of projects, MoRD invited Expression of Interest for 6-10 projects for which there were 93 applications from reputed private sector players, 45 applicants were qualified for submitting their detailed proposal and concept plans. Finally, 9 project proposals were approved for preparing Detailed Project Reports (DPRs). These projects are scheduled to be located in Andhra Pradesh, Kerala, Maharashtra, Puducherry, Rajasthan and Uttarakhand.

During the process of rolling out these projects, there have been extensive stakeholder consultations and learnings. On the basis of the same, the scheme guidelines are modified and a second batch of 10-15 pilot projects is proposed for which the Planning Commission has made available an additional Rs. 560 crore.

The Working Group for PURA constituted by Planning Commission has recommended that PURA be upscaled as a full-fledged scheme during the 12th Five Year Plan and implemented all over the country.

Mission And Objectives Of The PURA Scheme

Mission: Holistic and accelerated development of compact areas around a potential growth centre in a Gram Panchayat (or a group of Gram Panchayats) through Public Private Partnership (PPP) framework for providing livelihood opportunities and urban amenities to improve the quality of life in rural areas.

Objectives: The primary objectives of the scheme are the provision of livelihood opportunities and urban amenities in rural areas to bridge the rural – urban divide.