MUMBAI: The Bombay high court has directed the Maharashtra government to process compensation for two rape survivors and a child born of sexual assault under the state’s Manodhairya Scheme after they remained uncompensated for more than a decade despite being eligible.
The Manodhairya Scheme provides financial assistance, medical and legal aid, rehabilitation and counselling to survivors of rape and child sexual abuse.
A division bench of Justices Sarang V. Kotwal and Ashish S. Chavan also directed the authorities to provide monthly financial assistance to the child under the Krantijyoti Savitribai Phule Child Care Scheme.
The directions came after the State informed the court that a government resolution (GR) issued on January 1, 2024, extends the Manodhairya Scheme retrospectively to eligible pending cases registered between December 31, 2009, and October 21, 2013. It also referred to a separate GR dated May 30, 2023, which provides monthly assistance of ₹2,250 to eligible children, including those being raised by an unwed mother.
The court was hearing two petitions arising from separate rape cases registered at Shivaji Nagar and Amboli police stations in 2012 and 2014. Represented by advocate Wesley Menezes, the petitioners approached the high court in 2014 and 2015, alleging they had been denied compensation under the scheme despite years of delay.
In the Amboli case, the court examined the retrospective applicability of the Manodhairya Scheme and the issue of financial assistance for a child born as a result of rape. The petitioner argued that since the offence occurred in July 2012, before the scheme came into force on October 2, 2013, she had been denied compensation because the original GR did not provide for retrospective application.
{{/usCountry}}In the Amboli case, the court examined the retrospective applicability of the Manodhairya Scheme and the issue of financial assistance for a child born as a result of rape. The petitioner argued that since the offence occurred in July 2012, before the scheme came into force on October 2, 2013, she had been denied compensation because the original GR did not provide for retrospective application.
{{/usCountry}}Referring to the revised 2024 GR, the bench observed that it lays down a mechanism for determining eligibility through a designated committee. It directed the senior inspector of Amboli police station to submit a compensation proposal within four weeks. The committee has been asked to decide on the victim’s compensation and the child’s monthly financial assistance within four weeks of receiving the proposal.
In the Shivaji Nagar case, the court noted that the survivor’s compensation claim had remained pending for more than a decade. Relying on the 2024 GR, which grants retrospective eligibility, the bench directed the police inspector to submit a proposal to the committee within four weeks. It further ordered the committee to ensure disbursement of compensation, if found eligible, within six weeks of receiving the proposal.
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