"To meet out the expenses in connection with various welfare measures of girl children, there is need for constitution of a special fund by the Central Government, enabling any citizen or institution to make contribution to it. It may be designated as Indian National Girl Children’s Emergency Fund (INGCEF) akin to United Nations International Children’s Emergency Fund (UNICEF)."
DR. B. MOHANDOSS
PREAMBLE
The National Girl Child Day is celebrated with the object of providing support to the Indian girls and promoting awareness about their rights to education, health and nutrition. There is an acute necessity for improving the present scenario in this regard.
PLEADINGS
1) Right of Girl Child in the curriculum:- Right of Girl Child is not finding place in the curriculum of students of schools and colleges, including the syallabus for special courses on ‘women Studies’. The UGC and other educational authorities should take steps to incorporate the Rights of Girl Child in the syllabi of the students concerned, for creating awareness in safeguarding the interest of Girl Children.
2) Special Fund for the Welfare of Girl Child:- To meet out the expenses in connection with various welfare measures of girl children, there is need for constitution of a special fund by the Central Government, enabling any citizen or institution to make contribution to it. It may be designated as Indian National Girl Children’s Emergency Fund (INGCEF) akin to United Nations International Children’s Emergency Fund (UNICEF).
3) Postal Stamps For Girl Children:- Symbolizing the significance of protecting the interest of Indian Girl Children, Special Postal Stamps should be released by the Central Government. It should contain not only the images of Girl Children but also appropriate words printed.
4) Compulsory Usage of Postal Stamps relating to Girl Children:- Indian Citizens may be asked to affix additional special postal stamps relating to Girl Children while availing registered post/speed post/registered parcel services. It may be for a small denomination of Re.1 or so. It is similar to usage of Refugee Relief Stamps by Indian citizens availing postal service of the government to meet out the expenses for welfare measures of Refugees from newly formed Bangladesh.
5) Legal Awareness Programmes By Government:- Awareness about the laws enacted for the welfare of the Girl Children among the public will help in their better implementation. It is relevant to note the following provisions of Section 43 of Protection of Children from Sexual Offences Act, 2012 which is a model for awareness programmes for other laws also:- The Central Government and every State Government shall take all measures to ensure that
(a) the provisions of this Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.
(b) the officers of the Central Government and the State Governments and other persons concerned (including the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the Act.
6) Protection of Girl Children from Sexual Assault:- There has been a heavy increase of ‘POCSO’ cases in the recent years, targeted against girl children studying in the Schools, the offenders being their male teachers. It will be good to educate, and in some cases prohibit male teachers from taking classes for girls studying in 10th standard and above, in a phased manner. Moreover, a complaint mechanism as suggested by the Hon’ble Apex Court in Vishaka vs. State of Rajasthan,1997(7)SCC323 should be made available to the girl students to take disciplinary action against erring teachers.
7) Special Schools for Girl Children:- It will be ideal to form Special Schools for Girl children across the length and breadth of Bharath, to fulfill their right to education. It should contain all facilities for the welfare of ‘Girl Child ‘. All teaching and non-teaching staff should be women. Government should allocate funds from the annual budget. Donations given to school should be exempted from Payment of Income Tax.
8) Right to Health and protection against exploitation, etc.,- Article 39(e) of the Constitution speaks about, inter alia, right to health of women and children and there is need for special attention to Girl Children. Article 39 (f) deals with children’s freedom and dignity and the need to protect them against exploitation and abandonment .
9) Right to Nutrition :- Nutrition experts have pointed out the need to increase the level of nutrition of Girl Child.
10. Right to Reproduction:- The Girl Child’s right to terminate the pregnancy forced on her by rape is recognized through case laws under MTP Act,1971.
11. Right to Privacy of Girl Child is contemplated in State Vs. Madukar Narayan1991(1)SCC57
12. Right to Life is violated by the offence of rape as held in Bodhisattwa Gautam V. Subhra Chakraborty(1996)1SCC490
13. Right to Compensation as victim of offences has been provided under POCSO Act and CRPC
ISSUES FRAMED
1) Will it offend the principle of equality to make special provision in favour of Girl Children ?
2) Is it legal to constitute special fund under the caption ‘INGCEF’?
3) Is there any need for amendment of existing legal provisions?
4) Is the State obliged to propagate the laws to public?
ORDERS
1) Special provisions in favour of girl child will not violate the principle of equality. In Kedar Nath Bajoria Vs. State of W.B.,AIR1953SC404 , the Hon’ble Supreme Court has pointed out the power of the State under Article 14 of the Constitution in distinguishing and classifying persons or things for the purpose of legislation”. Moreover, Article 15 (3) enables the State to make special provision for women.
2) The creation of special fund by the executive Government will not offend any provisions of law. The Hon’ble Highest Court of this country has recognized the legal status of ‘PM CARES Fund’ in the case of Centre for Public Interest Litigation Vs. Union of India,2020AIR(SC)5075.
3) Regarding Complaints committee, it needs amendment of The Sexual Harassment of Women at Work place (Prevention, Prohibition and Redressal ) Act, 2013 by extending its provisions to the women at study place. Tax exemption for donation needs amendment of Income Tax Act, 1961.
4) In R.P Ltd., Vs. Indian Express Newspapers (P) Ltd.,(1988)4SCC592 the Hon’ble Topmost rung of our Judicial Ladder has held that the right to know is implied in Article 21 of our constitution as a necessary ingredient of participatory democracy. In such a case the Governments should take steps to propagate the laws among the public.
Hence let us empower our Nation by empowering our Girl Children.
(The author, DR. B. MOHANDOSS is our mentor. He is an advocate at Puducherry with more than 41 years of experience at the bar. This article was awarded the first prize by the 'Union Territory of Puducherry Legal Services Authority', among the articles collected on the occasion of the National Girl Child's Day, 2022.)
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