Odisha: Budgeting for children strengthens child rights

By Pradeep Kumar Panda

Bhubaneswar, September 11: Within a comprehensive legal framework, India delineates the rights and protection for children, ensuring that all children have equal access to public provisioning of quality child protection services. The government schemes for child protection services are designed and implemented under four main child protection legislations: The Juvenile Justice (Care and Protection) Act (2000, amended in 2015); The Prohibition of Child Marriage Act (2006); The Protection of Children from Sexual Offences Act (2012), and The Child Labour (Prohibition and Regulation) Act (1986, amended in 2016).

Against the backdrop of “Prarambha: The Odisha State Policy for Children 2022” the Government of Odisha has strengthened the policies upholding ‘Rights of Children in Odisha, with special emphasis on four thematic areas: migration, natural disasters, conflict, and mining. Recognizing the need of retooling fiscal strategies in the post- pandemic times, the policies were further strengthened in the context of children’s increased vulnerability during the COVID-19 pandemic. UNICEF’s Child Protection Strategy, 2021-2030, defines child protection as the prevention of and response to exploitation, abuse, neglect, harmful practices, and violence against children, which is embedded in the Convention on the Rights of the Child and the Sustainable Development Goals.

Odisha is a fiscally prudent state. The fiscal deficit for 2023–24 is pegged at 3% of GSDP, at Rs 25,844 crore. The state has also specified a fiscal strategy delineating its intention to remain on the path of fiscal consolidation through revenue buoyancy. In the post- pandemic fiscal strategy of Odisha, there is an increasing recognition of the need to integrate measures to support children and families to tackle the increased risk of hardship caused by the pandemic. The fiscal policy interventions are strengthened to provide children with adequate social protection against vulnerability caused by increased risk of forced marriage, abuse, violence, poverty, the pandemic, and malnutrition. Child budgeting—an increasingly recognised long-term Public Financial Management (PFM) tool—aims to tackle the capability deprivation, hardships, and vulnerabilities faced by children. These fiscal policy interventions are crucial as children are twice as likely as adults to live in abject poverty and are vulnerable to abuse and impoverishment.

In Odisha, children constitute one-third of the State’s population of 4.2 crores (Census 2011). The Government of Odisha has either expanded the scope of existing programmes or introduced measures to support children affected by the COVID-19 pandemic (including the children who lost both parents) and focused on food security, lifeline social infrastructure support for redressing economic hardships, and labour market struggles. Identifying sustainable financing for child budgeting by mobilising domestic resources and strengthening social infrastructure and social protection for children by guaranteeing access to education, health, protection, and development is crucial for the future human capital formation of the state.

The Child Budgeting analysis – an increasingly recognised long term PFM tool primarily to tackle the capability deprivation, hardships and vulnerabilities faced by children – revealed that fiscal policy incorporates the concerns relate to education, health, nutrition, water and sanitation, protection from abuse and violence and the COVID-19 pandemic. The Child Budgeting in Odisha for Budget 2023–24 revealed that the state spends on education (68.27%), health (13.25%), development (9.13%), and child protection (10.04%) in 2023–24. There are 23 child protection schemes – both centrally sponsored and State sponsored schemes in Odisha. Strengthening the public social infrastructure investment in child-friendly and shock-responsive social protection mechanisms is a significant fiscal policy intervention to protect children from living in abject poverty and increase coping mechanisms and resistance from experiencing prolonged vulnerabilities. These fiscal policy interventions are crucial as children are twice as likely as adults to live in abject poverty and vulnerable to abuse and impoverishment. In Odisha, children constitute one-third of the State’s population of 4.2 crores (Census 2011). The Government of Odisha has either expanded the scope of existing programmes or introduced measures to support children affected by COVID-19 pandemic losing both parents and focused on lifeline social infrastructure support, economic hardships, labour market struggles, conflict, natural disasters and food security.

In the post-pandemic fiscal strategy, it is laudable that the government of Odisha has introduced a programme to support children who have been “scarred” by the pandemic by loss of their parents and confronting a devastating new normal through Odisha Ashirwad Yojana. The pandemic years have seen an increase in the children who have been left orphaned. Children and adolescents, though generally at low risk of infection, have experienced the pandemic and related restrictions and lockdown periods differently. It had profound impact on their well-being, with largest disruption of education in history and “learning loss”. The government of Odisha has invested in social infrastructure in education and health, which also shows its commitment to children and young people in ensuring safe schooling and also to minimize the disruptions of essential health systems for children.           

The Department of Finance, Government of Odisha has provided 22 schemes. We examined the six child protection schemes in the context of Odisha, namely (i) Integrated Child Protection Scheme (Mission Valsalya) (ii) Biju Shishu Surakshya Yojana, (iii) Juvenile Justice Funds, (v) Special Court under POCSO Act (Fast Track Special Courts (FTSCs), and (v) Implementation of Child Labour (Prohibition and Regulation) Act,1986.

Mission Vatsalya is a conditional fiscal transfer from Centre to States under the guiding principle of “Leave No Child Behind”. The Mission focusses on translating the legal commitments – the provisions of the Protection of Children from Sexual Offences Act of 2012 and the Juvenile Justice (Care and Protection of Children) Act of 2015 – into fiscal commitments for ensuring child protection and justice.

To put things in perspective, the evolution of this “umbrella scheme” is critical to look at. Ministry of Women and Child Development implemented this scheme initially as a conditional fiscal transfer by clubbing three schemes – (i) programme for juvenile justice for children in need of care and protection (CNCP), and children in conflict with the Law (CCL) ;(ii) integrated programme for street children; and scheme for assistance to homes for children (Shishu Greh) – in 2009-2010 into a scheme titled as “Integrated Child Protection Scheme (ICPS)”, which was renamed as “Child Protection Services” in 2017. The erstwhile Child Protection Services (CPS) Scheme later subsumed under Mission Vatsalya since 2021-22.

The financing pattern of the programme is in the ratio of 60:40 between Centre and States/Union Territories with Legislature respectively. However the fund sharing pattern is 90:10 for the North-Eastern States viz. Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura and two Himalayan States viz. Himachal Pradesh and Uttarakhand, and UT of Jammu and Kashmir. For Union Territories without Legislature, it is 100% central share.

Mission Vatsalya primarily promotes family-based non-institutional care of children in difficult circumstances based on the principle of institutionalization of children as a measure of last resort7. Family based non-institutional care is provided through adoption, foster care, sponsorship and after-care programs implemented in every district of the country.

Mission Vatsalya is operationalised at three tiers of government in India. At the centre, Childline India foundation runs the child help line number 1098 nation-wide providing emergency outreach services. National Institute for Public Cooperation and Child Development (NIPCCD) is responsible for conducting research for the protection of children and also for training personnel to be skilled child protection personnel. Central Adoption Resource Agency (CARA) that caters to adoption of Indian children is a central authority that is based on the Hague convention on Inter-country adoption, 1993 ratified by government of India in 2003. The agency deals with the adoption of orphaned, abandoned and surrendered children in the country through its registered agencies in the country.

In Odisha, Mission Vatsalya is implemented through the Odisha State Child Protection Society (OSCPS) at the State level and by the District Child Protection Units (DCPU) at district level. With the passing of Juvenile Justice Act, 2000, it is mandatory to have a child welfare committee and Juvenile Justice Board (JJB) at the district level. Child welfare committee (CWC) shall help children who are in need of care and protection and Juvenile Justice Board shall cater to children who are in conflict with law. District Magistrate is the designated officer that heads the Juvenile Justice Board. A Special Juvenile Police Unit will also work at the district level to handle such child related cases.

Mission Vatsalya is implemented as an intergovernmental fiscal transfer – as conditional grant – with fund sharing from both Centre and States ICPS is implemented in Odisha with financial assistance both from the GoI and GoO. The share of central assistance varies from 35 to 90 per cent depending upon the project components: 90 per cent: Open shelters run by NGOs; 75 per cent: All structural components of State Project Support Unit, State Child Protection Society, State Adoption Resource Agency and District Child Protection Units, all Homes/ Specialised Adoption Agency (SAA) run by Government, all Homes/ SAA run by NGOs; 35 per cent: Regulatory bodies provided for under JJ Act (Odisha Accountant General’s Office, 2023)

In the post-pandemic fiscal strategy, Odisha announced a scheme – Odisha Ashirwad Yojana – to provide financial transfers to children who lost their parents to COVID-19. The budgetary allocation announced in 2023-24 (BE) for Odisha Ashirwad Yojana was Rs 5200 lakhs. In the year 2023-24, Revised Estimates for Ashirwad was Rs 5000 lakhs when compared to Budget Estimates which was Rs 3500. These estimates are inclusive of another long term State Sponsored Scheme titled Biju Shishu Suraksha Yojana which we will revisit to explain the details, after discussing about the recent COVID-19 related Ashirwad scheme announced by Chief Minister of Odisha. This is a State-sponsored scheme with Budget Code 78774 in the classification of budgetary transactions.

This financial transfer is given to three categories of children in distress; viz., (i) who have lost both their parents, (ii) who have lost either father or mother and (iii) children whose main earning member of family, either father or mother have died. This is a high frequency fiscal transfer with Rs 2500 every month. The mode of transfer is digital, to the bank account of family members who have taken responsibility of the children after death of their parents. This fiscal transfer will support the child till 18 years or till such a date if somebody adopts him/her.

In addition to targeted fiscal transfer, Odisha Ashirwad Scheme supports the children to redress capability deprivation in education and health. As per the provision of the scheme, the children can continue in the same schools or in another school in different city where the relative who has taken responsibility of a child resides. The State Government will help in the admission of the children in Adarsh Vidyalaya or central school. The district collector will provide all assistance to the child as per the Right to Education Act. The government will also assist such children to pursue higher education under the Green Passage scheme. The Ashirbad also incorporates the health entitlement for children by providing free treatment under the state government’s Biju Swasthya Kalyan Yojana.

The Government of Odisha has also taken care of homelessness and food security of these children. The government rules on Odisha Ashirwad Scheme states that these children will be also included as beneficiaries under the National Food Security Act. An out of turn allotment will be made to child’s relative who has taken the guardianship, if he is eligible for a house under the Pradhan Mantri Awas Yojana or Biju Pucca Ghar Yojana. The relative of the children adopting COVID orphans will be covered under any other government welfare scheme as per his eligibility.

Prior to Odisha Ashirwad Yojana, the state government of Odisha had launched a child protection programme for HIV positive orphan children, named as “Biju Sishu Suraksha Yojana (BSSY) and this programme is ongoing since December 2016. The scheme aims to protect children who are without biological or adoptive parents, legal guardians, affected/infected with HIV and found to be most vulnerable. Under the scheme, the state government would provide financial support for children in need of care and protection (CNCP) for their education till higher secondary. The main objective of Biju Sishu Suraksha Yojana is to take care and protect such children through rehabilitation.

From gender equity perspective, the component Sukanya Samriddhi Yojana, providing financial support to girl child beneficiary for her marriage is laudable. An amount of Rs. 1000 is transferred by the government to the bank account of the child from 5 years to the age of 18 years. The lock in period is 21 years while partial withdrawal is available after the girl reaches the age of 18 years and should have completed 10th standard. The scheme is the part of the larger scheme: Beti Bachao Beti Padhao launched in 2015. In addition, a “marriage assistance” component – one time token assistance of Rs 50,000 for girls and Rs 40,000 for boys on completion of 18 and 21 years respectively to facilitate marriage ceremony – is also included under BSSY.

An award for meritorious students – top three performers in academia in matriculation – of Rs.20,000 – is yet another component of BSSY. Each shall be given to meritorious students up to the age of 18 years. From each of the 30 districts, 3 top performers in Academia in class X will be awarded the scholarship into their bank accounts. The children eligible for this assistance are CNCP living in a child care institution. If the child is being provided a similar assistance from any other scheme, an amount higher in any of the two schemes shall be awarded to the child. The scheme is implemented at the district levels where each block level child protection committee, children home and Panchayat level protection committee report to the respective district child protection unit which then reports to the Odisha child protection society for respective deliverables.

The campaign Vatsalya is intended to enhance psycho-social and cognitive development among children that promotes early childhood education falls under the scheme Integrated Child Development Program. The campaign is a program expenditure under the state sponsored scheme. For the year 2021-2022(RE), Rs. 2 cr. and Rs. 3 cr. is budgeted for the year 2022-23(BE) by the state government of Odisha. Scheme Vatsalya is a promising campaign to enhance psycho-social and cognitive development among children at an early stage of childhood. This aims to build a stronger base for children to build up their future and catalyze the growth potential in them.

The Child Budgeting in Odisha for Budget 2023-24 revealed that the State spends on education (68.27 %), health (13.25 %), development (9.13 %) and protection (10.04 %). Strengthening the public social infrastructure investment in child-friendly and shock- responsive social protection mechanisms are significant fiscal policy interventions to protect children from living in abject poverty and increase coping up mechanisms and resistance from experiencing prolonged vulnerabilities. We analyse “child protection” from this broader perspective.

The intergovernmental fiscal transfers and State specific programmes designed for “children in need of care and protection” and “children in conflict of law” are evaluated for its relevance, coherence, effectiveness, efficiency and sustainability. The delays in funds from the centre and the low utilisation ratios are identified as the challenges in effective implementation of child protection programmes in Odisha. Overall the programmes have been relevant and effective in terms of addressing the concerns of children in the post pandemic fiscal strategy of Odisha, and also fiscally sustainable through public expenditure convergence over time. The gender equity addressed in the child protection schemes are laudable.

The child protection schemes are designed and implemented to reach the human development outcome and impacts, within overall framework of UN Sustainable Development Goals. The theory of change depicts the various fiscal interventions for child protection with activities, outputs, intended outcomes and impacts. The theory of change helps to assist policy dialogues with an analytical backdrop. Translating financial inputs into outputs and outcome through effective State support to children in need of care and protection and children in conflict of law are significant for the economic development.

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