Payment of Compensation for Rape victims: Case of Maharashtra

Teacher

Pooja Kumari

Chief Coordinator cum Researcher

What is Manodhairya Scheme and how does it function?

The ‘Manodhairya scheme’ was launched by the WCD department of Maharashtra Government in 2013 following the ghastly gangrape in Mumbai’s Shakti Mills in August 2013. Implemented since October 2013, the scheme covers victims of Sexual Offences and Acid Attack (Women and Children) by providing them financial assistance and support for  those suffering from the psychological shock. The scheme also provides based on their requirements, rehabilitation to by way of shelter, Financial Assistance, Medical & Legal Aid and Counselling Services to the victims and support for normal and vocational education. The Scheme also provides Financial Assistance of Rs.1 Lakh and in special cases up to Rs. 10 Lakhs[1].

Considering the seriousness of the crime and the suffering caused to the victims, the government provides appropriate compensation to the victims. This is given jointly by the central and state governments who can also use the funds for compensation under any other eligible schemes. This includes schemes like Nirbhaya Fund established by the Center and state schemes. The purpose of this article is to find out how many victims of the state have been able to receive the help under the scheme in the last five years.

For this purpose, RTI queries were made and responses received in the form of data for five years (2017-2022 FY) under the Manodhairya Scheme from the Maharashtra Legal Services Authority. Based on this, a comparison has been attempted which may be seen below.  

Table.1

Compensation received by Rape victims - F.Y. 2017- 2022

 

Interim*

Final**

 

510

546

Total

1056

*(30,000/- fixed amount as a primary help within 7 days under the scheme)

** Depends on case to case and there is no data available regarding amount related to every single victim.

 

Table. 2

Compensation received by Acid Attack victims - F.Y. 2017- 2022

 

 

Interim*

Final**

 

7

7

Total

14

*(30,000/- fixed amount as a primary help within 7 days under the scheme)

** Depends on case to case and there is no data available regarding the amount related to every single victim.

 

As per the fixed term under the scheme, the above data shows (Table 1&2) that the average amount of the interim compensation for each victim is Rs. 30,000/- only. And there is no clear picture on final compensation which may refer contradictory for the sentence used by authority itself that they take decisions based on psychological shock that suffer by the victims and if necessary to provide them Shelter, Financial Assistance, Medical and Legal Aid and Counselling Services.

Number of applications for compensation- Despite the beneficiaries of the compensation there is another contradiction between applications for the same. This may be seen below from 2017-2022 F.Y.

Table.3

Number of Application for compensation (from Rape victims)

Received by the authority

Accepted by the authority

7,934

1,144

 

Table.4

Application for compensation (from Acid Attack victims)

Received by the authority

Accepted by the authority

54

10

 

Source- RTI data.

The data above shows pictures on the applications applied by the victims and accepted by the authority. Out of 7,934 applications of rape victims, there are only 1144 have been accepted by the authority for compensation. It is very sad to see that, not even 50% of the applications are considered by the authority.

It is worth noting that recently the NCRB, released the report ‘Crime in India 2022’ in December 2023. Where Maharashtra ranked fourth in (2,904 incidents) rape cases after Rajasthan (5,399) was at the top position, Uttar Pradesh (3,690) ranked second and Madhya Pradesh third (3,029).

As per some experts who are working on ground for women and child, there is some confusion within courts itself and several times they are not granting compensation due to conflict of schemes. Judges believe that the victims are getting compensation under this Manohari scheme and therefore, provisions under the interim compensation and the final compensation are not being utilized. In the absence of a support person and a lawyer, the women and children end up getting no compensation. Though the upper limit is Rs 10 lakh, only 1-2 severe cases where they got that amount of money. Otherwise, they end up getting Rs 30,000. And it comes after months and months. Sometimes, after a year and a half and two years even. This shows that there is a clear gap between stakeholders, court and DLSA.

There are several other on ground problems as well like some of the victim’s don’t have bank accounts which are needed, or documents like Aadhaar card etc. Under the Manodhairya scheme, the people who have seen only 4-5 cases have got compensation of Rs. 30,000, which is the first interim amount given in such cases.

Conclusion and way forward

Giving compensation alone to any rape or acid attack victim cannot make the trauma go away nor can the grief be measured with money alone. It is our understanding that these compensations are gestures by the governments acknowledging its responsibility and also an effort by the government to alleviate their suffering reduced a little. Therefore, making proper arrangements for compensation in such cases is an important responsibility of the government.

The amount currently being given to the victims does not appear to be sufficient when seen against the nature of the crime and the trauma suffered by the victims. It is therefore, necessary to consider increasing the amount being disbursed. The data shared above reveals that the interim compensation was received very few victims. Since, this aspect is looked after by the DLSA unit it may be necessary for the authority to ensure that the DLSA work for the best interest for the victims.

Transparency is another requirement. Availability of data regarding compensation in the public domain provides enhanced clarity and help create awareness both amongst the victims, well-wishers and those who help them. This will help received assistance specially for victims who come from poor backgrounds.

There is another matter of concern for the society and the governments that relates to the rising rates of serios crimes against women and children not only in the state of Maharashtra alone but also almost in all the states. Looking at the problem only as one of giving compensation may not help. The existing measures to deal with this kind of crime has succeeded only partially. There is a need to create space for stakeholders also to join the process of curbing these crimes as co-opting the stakeholders in the process will help remove the existing opacity.

 


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