Explained: Maharashtra scheme for rape victims, with provision to withdraw compensation

The Manodhairya Yojana scheme provides for financial support to and rehabilitation of victims of rape, child sexual abuse and acid attacks.

At present, the Manodhairya Yojana scheme allows for compensation up to a maximum of Rs 10 lakh.

A special court in Maharashtra recently ordered recovery of Rs 2 lakh compensation from a woman who had initially alleged she had been raped but later turned hostile. The compensation had been given to her under the Manodhairya Yojana, set up by the state government through a government resolution (GR) in August 2013 on directions of the Bombay High Court.

The scheme provides for financial support to and rehabilitation of victims of rape, child sexual abuse and acid attacks called Manodhairya. Under its provisions, upon the filing of a FIR under the sections covering these offences, the police are to send a copy of the complaint to a six-member, District Criminal Injuries Relief and Rehabilitation Board along with a medical report within 24 hours to decide the assistance to be given to the victim. Last year, a new GR changed these provisions, making the District Legal Services Authority responsible for implement the scheme as it was felt that judicial officers were better equipped to assess the FIR, medical report and the victim’s statement while deciding how much compensation should be awarded. At present, the scheme allows for compensation up to a maximum of Rs 10 lakh.

It is the new GR that introduced a provision to include recovery of compensation from a victim. In cases where a victim alleged rape under the pretext of marriage, the full compensation will be paid only if the case ends in conviction. If such a victim turns hostile during the trial, or if such a case ends in an out-of-court settlement, then 25% of compensation granted earlier will be recovered. In addition, in all cases, 75% of the compensation will be kept in a fixed deposit for a period of 10 years.

Women’s groups had written to the Chief Minister in July this year, saying that the scheme is contradictory to the Supreme Court-approved victim compensation scheme formulated by a nine-member committee appointed by National Legal Services Authority (NALSA).

Sadaf Modak

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More