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.
Legal Framework
The current version operates under the Government Resolution issued on December 30, 2017, which introduced several modifications that would later become sources of controversy.
Comprehensive Coverage and Support
Eligible Beneficiaries
The scheme extends support to:
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Victims of rape and sexual assault
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Acid attack survivors
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Children victimized under the POCSO Act
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Minor girls rescued under The Immoral Traffic (Prevention) Act, 1956
Holistic Support Services
Beyond financial compensation, the scheme provides:
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Medical Support: Free treatment, counseling, and psychological support
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Legal Aid: Free legal assistance throughout investigation and trial stages
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Rehabilitation Services: Shelter, education, and vocational training
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Trauma Support: Immediate response through specialized trauma teams
Implementation Structure
The scheme operates through a Single Window System, with District Level/State Level Legal Services Authorities handling the complete process. Two key bodies oversee implementation:
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District Criminal Injuries Relief and Rehabilitation Board (Manodhairya Committee)
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Trauma Teams for immediate victim support
Financial Assistance Framework
Compensation Range
Financial assistance ranges from Rs. 1 lakh to Rs. 10 lakh in exceptional cases. The enhanced compensation of Rs. 10 lakh is reserved for victims suffering permanent mental or physical disability, or those with visible damage from acid attacks.
Disbursement Structure
The compensation follows a specific pattern:
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25% paid immediately (including Rs. 30,000 for medical treatment)
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75% kept in fixed deposit for 10 years (20 years for minors)
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Fixed deposits earn approximately 7% interest annually
The Controversial Recovery Provisions
Recovery Mechanisms
The December 2017 modifications introduced several recovery scenarios:
False Information Claims: Victims face recovery proceedings if any “relevant fact” shared during inquiry is deemed false, enforceable through the Maharashtra Land Revenue Code.
Hostile Witness Situations: When victims turn “deliberately hostile” during court proceedings, compensation can be recovered. A notable case involved a 16-year-old POCSO victim whose family was ordered to return the entire Rs. 3 lakh compensation.
Rape Under Marriage Pretext: In such cases, full compensation is paid only upon conviction. If victims turn hostile or cases end in out-of-court settlements, 25% of the compensation is recovered.
Undertaking Requirements
Victims must now sign undertakings promising to refund state compensation if trial courts order convicts to pay compensation directly, acknowledging the convict’s primary duty to compensate.
Implementation Challenges and Criticism
Practical Difficulties
The fixed deposit structure has been criticized for hampering victims’ ability to access funds for immediate needs such as:
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Medical treatment during lengthy court proceedings
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Legal fees and litigation expenses
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Resettlement and rehabilitation costs
Legal and Ethical Concerns
Women’s groups have raised several objections:
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Contradicts Supreme Court Guidelines: The modifications allegedly conflict with the victim compensation scheme approved by the Supreme Court and formulated by the National Legal Services Authority
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Victim Revictimization: Recovery provisions create additional trauma and financial burden on already vulnerable victims
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Deterrent Effect: Fear of recovery may discourage victims from seeking justice or reporting crimes
Advocacy Response
Women’s rights organizations have written to the Chief Minister, highlighting how these provisions create additional hurdles for victims and questioning their alignment with victim-centric justice principles.
The Balancing Act: Support vs. Accountability
Government’s Perspective
The recovery provisions appear designed to:
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Prevent misuse of public funds
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Ensure genuine cases receive support
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Maintain accountability in the compensation system
Conclusion
The Manodhairya Scheme represents Maharashtra’s commitment to supporting sexual crime victims through comprehensive rehabilitation services. While its core objectives of providing financial assistance, medical support, and legal aid remain commendable, the introduction of recovery provisions has created a complex landscape where victim support intersects with accountability measures.
The ongoing debate highlights the challenge of creating victim compensation schemes that balance genuine support with preventing misuse, while ensuring that the pursuit of accountability doesn’t inadvertently re-traumatize those the scheme aims to help. As the scheme continues to evolve, finding this balance will be crucial to maintaining its effectiveness as a tool for victim rehabilitation and justice.
The true measure of the Manodhairya Scheme’s success will ultimately lie not just in the compensation it provides, but in whether it genuinely empowers victims to rebuild their lives with dignity while navigating the complex journey toward justice.