Maharashtra's Manodhairya Scheme: Rehabilitation Support for Sexual Crime Victims Amid Controversial Recovery Provisions

 Introduction

The Manodhairya Scheme stands as Maharashtra's flagship initiative to provide comprehensive support to victims of sexual crimes and acid attacks. While designed to offer financial assistance and rehabilitation services, recent modifications have introduced controversial recovery provisions that have sparked debate among women's rights advocates and legal experts.

Genesis of the Scheme

Tragic Catalyst

The scheme emerged in response to the horrific gang rape incident at Mumbai's Shakti Mills in August 2013. Launched on October 2, 2013, by the Department of Women and Child Development (DWCD), Government of Maharashtra, it was implemented following directives from the Hon'ble Supreme Court for providing financial assistance to victims of sexual crimes.

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Leading Supreme Court on right to free legal-aid of prosecutrix/victim/survivor of sexual offences

 In this background, we think it necessary to indicate the broad parameters in assisting the victims of rape.

1) The complainants of sexual assault cases should be provided with legal representation. It is important to have same one who is well-acquainted with the criminal justice system. The role of the victim's advocate would not only be to explain to the victim the nature of the proceedings, to prepare her for the case and to assist her in the police station and in Court but to provide her with guidance was to how she might obtain help of a different nature from other agencies, for example, mind counseling or medical assistance. It is important to secure continuity of assistance by ensuring that the same person who looked after the complainant's interests in the police station represent her till the end of the case.

2) Legal assistance will have to be provided at the police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she was being questioned would be of great assistance to her.

3) The police should be under a duty to inform the victim of her right to representation before any questions were asked of her and that the police report should stage that the victim was so informed.

4) A list of advocates willing to act in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable.

5) The advocate shall be appointed by the court, upon application by the police at the earliest convenient moment, but in order to ensure that victims were questioned without undue delay, advocates would be authorised to act at the police station before leave of the Court was sought or obtained.

6) In all rape trials anonymity of the victim must be maintained, as far as necessary.

7) It is necessary, having regard to the Directive Principles contained under Article 38(1) of the Constitution of India to set up Criminal Injuries Compensation Board. Rape victims frequently incur substantial financial loss. Some, for example, are too traumatized to continue in employment.

8) Compensation for victims shall be awarded by the Court on conviction of the offender any by the Criminal Injuries Compensation Board whether or not a conviction has taken place. The board will take into account pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of child birth if this occurred as a result of the rape. {Para 16}

 IN THE SUPREME COURT OF INDIA

Writ Petition (Criminal) No. 362 of 1993

Decided On: 19.10.1994

Delhi Domestic Working Women's Forum Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

M.N. Venkatachaliah, C.J., S. Mohan and S.B. Majmudar, JJ.

Author: S. Mohan, J.

Citation:  MANU/SC/0519/1995,( 1995 ) 1 SCC 14.

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Bombay High Court Allows 2010 Acid Attack Victims To Seek Compensation Despite Lapse Of Limitation Period

The learned counsel for the petitioners fairly submits that insofar as prayer clauses (c) and (c-i) of the writ petition are concerned, the same stand answered by virtue of the aforesaid Scheme of 2022. He submits that the petitioners desire to seek benefit under the said Scheme. However, under Clause 16 thereof, a period of limitation has been prescribed and the claim is required to be made within a period of three years from the date of occurrence of the offence or conclusion of the trial. He submits that in the present case, the incident in question occurred on 4th October 2010 while the trial concluded in the year 2015. He, therefore, submits that the claims sought to be raised by the petitioners be directed to be entertained without being treated as being barred by limitation. {Para 5}

6. We find that under the Proviso to Clause 16, the delay beyond a period of three years can be condoned in deserving cases. We find the present case to be a deserving one for the reason that after being subjected to an acid attack, the petitioners were required to approach this Court in the matter of grant of compensation. During pendency of this writ petition, the Scheme of 2022 came to be implemented. We therefore find that the petitioners can be permitted to move an application seeking compensation in accordance with the Scheme of 2022.

7. Accordingly, it is directed that if the petitioners seek compensation under the Scheme of 2022 by making an appropriate application within a period of four weeks from today, the application shall be considered on its own merits and in accordance with law. Keeping all grounds for seeking compensation as raised in the writ petition open, it is disposed of in aforesaid terms.

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.962 OF 2016

ALONG WITH

INTERIM APPLICATION NO.2022 OF 2020

 Petitioners/  Applicants  Vs 1. State of Maharashtra, 

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ

DATE : 3RD APRIL, 2024.

ORAL JUDGMENT : ( Per A.S. Chandurkar, J. )

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Questions and answers on law (Part 64)

Q 1:-  What is basic concept of giving false evidence ?

Ans:- s 191 of CPC_ Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

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