Revised proposal on Manodhairya scheme placed before High Court

The high court said: “Why are you discriminating between working and non-working woman? The services of a home maker cannot be measured or valued in money.”

According to the proposal, in case a working woman dies owing to such an incident, she would be entitled to Rs 10 lakh while a non-working woman would be entitled to Rs 5 lakh. The Advocate General who submitted the proposed revisions in the scheme then immediately said the amount would be increased to Rs 10 lakh even in case of non-working woman.

The proposed changes were introduced in the scheme after the a committee was set-up by the Chief Justice Manjula Chellur that included two High Court Judges to look into the various grievances raised through public interest litigations against the renewed Manodhairya scheme introduced in August. The committee after meeting with all stakeholders came up with the proposal of the revised scheme.

“The state government shall issue an appropriate Government resolution specifying the date with effect from which the scheme shall come into force….The scheme shall apply only to all such persons who will be victims, in terms of the scheme of the offences committed on and after the date of coming into force of this scheme,” states the proposed scheme.

The scheme will not have retrospective effect. The power and authority to receive applications seeking benefits of the scheme and to decide on claims and disburse amounts has been given to the State Legal Services Authorities or District Legal Services Authority. These authorities will only grant benefits on submission of several documents by the victim that include FIR report, preliminary medical report etc.

“It is expected that the victims will fully support the case of the prosecution at least to the extent of the statements recorded the Criminal Code of Procedure. It is made clear that in the case if the court conducting the trial records conclusive finding that the victim has deliberately not supported the case of the prosecution… the state government will be entitled to recover the monetary benefits granted under the scheme from the victims,” states the proposed revised scheme.

In case of a victim of rape who gets “mentally retarded, traumatised and incurs permanent disability” ,which may be physical or mental, will be entitled to Rs 10 lakh along with cases where a woman has been subjected to gangrape and has suffered serious and grievous physical injury. In cases not covered by these categories the compensation will remain at Rs 3 lakh. In cases of child abuse of children, in instances where a minor child irrespective of the sex gets mentally retarded or traumatised and incurs permanent disability, will be entitled to Rs 10 lakh while in other cases the amount is Rs 3 lakh.

In acid attacks victims whose face is disfigured or suffers damage or injury and physical disability is entitled to Rs 10 lakh.

A woman who gets HIV due to the “unfortunate incident of rape” will be entitled to requisite medical treatment besides the compensation. “Within a period of seven working days of receipt of an application… the State or District Legal Services Authority shall disburse an amount of Rs 30,000,” states the proposal adding that the application has to be finally decided within 120 days. The balance amount will remain deposited with the authorities. “Each victim claiming any benefit must mandatorily open a bank account which is certified in accordance to usual Know Your Customer norms laid by the Reserve Bank of India and shall submit its details within four working days of passing of an order,” added the scheme. The matter has been kept for further hearing on Thursday.