After complaints of rejection of claims, Maharashtra legal body says can’t deny compensation to rape victims over insufficient documents

The Manodhairya scheme, introduced in 2013, offers compensation ranging from Rs 3 to Rs 10 lakh to victims of sexual assault, rape, child sexual abuse and acid attacks in the state.

“No application under the Manodhairya Yojana submitted to the District Legal Services Authority should be rejected on the ground of insufficient documents. If there is any error in the said application, it should be rectified,” a directive issued by the MLASA, the state’s apex regulating body of the Manodhairya Scheme, on April 19 states.

A series of Right to Information (RTI) applications filed by The Indian Express with DLSA in Mumbai city and Mumbai suburban showed that of the 621 applications for compensation filed between January 2018 and November 2021, 300 got rejected.

The rejection rate was equally high for POCSO cases in Mumbai city. Between 2018 and 2022, only 535 applications for compensation were submitted, of which 184 applications were rejected.

Majlis, an NGO which is instrumental in drafting the Manodhairya scheme, had raised the issue with MLASA.

The MLASA also instructed that if the victim or the relative of the victim is unable to submit the said documents, then a paralegal volunteer (PLV) should be appointed by the authority and the required documents should be completed through him.

“We are glad that they immediately issued this letter to all DLSAs to resolve some of our concerns,” advocate Audrey Dmello, director of Majilis said.

Earlier, the compensations were provided based on the FIRs registered under Section 376 of IPC. Later, a statement by the victim to a magistrate recorded under Section 164 of the Criminal Procedure Code was included to check the authenticity of the claims.

Activists believe that this further documentation increased the rejection of applications.

“There is a shortage of magistrates in the state, so it takes time to find one and record the statement of the victim. Many families of the victims leave their residences fearing stigma, and tracing them further adds to the roadblock,” said Sandhya Gokhale, member of Forum Against Oppression of Women, an organisation whose petition in the High Court had led to the state bringing about the Manodhairya scheme.

According to a government resolution (GR) passed in 2017, it is mandatory for DLSA to sanction an amount of Rs 30,000 within seven days of filing an FIR.

This is meant for “rehabilitation and overall development of the survivors”, including medical intervention and legal counselling.

But DLSA officials said that many of these women who belong from poor-economic backgrounds, don’t even have bank accounts to transfer the money.

So, the MLASA also instructed the district officers to assist them in opening bank accounts.

“After approval of the compensation application under Manodhairya Yojana, the interim or final compensation amount as per approval order should be deposited immediately and through NEFT / RTGS to the account of the victim,” reads the letter.

Victims are not aware if final compensation is granted and as to what amount. To address the issue, the MLASA instructed that all the final orders should be sent to the victim or to the next of kin through email and letter.

Filing for compensation

* An FIR is filed at a police station
* Investigating officer submits FIR copy, statement recorded under Section 164 of the Criminal Procedure Code and medical reports to DLSA
* A five-member DLSA committee hears the claims of the victims decides whether to clear the compensation amount
* Once approved, Women and Child Development (WCD) Department disburses the amount.