Manodhairya scheme faces flak

Mumbai: A group of petitioners have filed public interest litigations (PILs) in the Bombay high court (HC) claiming that the state’s Manodhairya compensation scheme for rape victims is flawed as it makes documents like Aadhaar  and others mandatory.

The petitioners claimed that it also does not differentiate between the magnitudes of the crime. The HC has now formed a judicial committee to review the compensation for rape victims under the Manodhairya scheme.

The committee headed by sitting high court judges will look into the flaws and hear suggestions and objections in this regard and submit its report to assist court in giving appropriate directions to the state.

A division bench of Chief Justice Dr Manjula Chellur and Justice N.M. Jamdar was hearing petitions that challenged the modifications to the Manodhairya compensation scheme affected by the government recently.

The petitioners pointed out that the criteria as well as the disbursement of compensation process was flawed and would only add to the trauma that the victim and their families would have to undergo.  

Referring to one of the criteria that mandated provision of Aadhaar card number for compensation and disbursal of funds a petitioner said, “Many victims are from poor and economically marginalised sections of the society who may not have Aadhaar card. As the issue regarding making Aadhaar mandatory for beneficial schemes is pending before the Supreme Court how can the state make it mandatory?”

Advocate Flavia Agnes appearing for Majlis, a petitioning NGO said that the new policy was implemented haphazardly and there was no clarity on how to decide on the magnitude of the crime and the criteria to decide on quantum of compensation. Petitioners pointed out that there was no logic behind the disbursal of compensation amount too in the new policy.

After hearing the submissions the court said, “We don’s think the state government has applied its mind before modifying the scheme. There seems to be no rationale. Such a scheme should have a purpose and should be appreciative.”

Referring to the compensation amount and its disbursal, Dr Chellur said, “This is a serious issue and we need to find a solution to this once and for all. Having regard to the modified scheme and in particular aspects, like the quantum of compensation, the time taken for disbursement and the usage of the same we are of the opinion that there is certainly need for re- visitation.”

She added that a three-member committee consisting of justices Mridula Bhatkar and Girish Kulkarni, sitting judges from the HC and principal secretary women and child welfare was being constituted. She said the committee would meet with all stakeholders and get their views on the scheme and submit its report to the court after which it would pass appropriate directions to the state.