Bombay High Court: Extend benefits to rape victims in old cases too

The Bombay high court on Tuesday asked a high-level committee, which decides on giving compensation to victims of sexual offences, to consider if it was possible to pay compensation to victims in cases with retrospective effect.

The division bench of Justice N.H. Patil and Justice A.M. Badar issued these directions while hearing two different petitions filed by victims of sexual offences seeking compensation under ‘Manodhairya Scheme’ and ‘Victim Compensation Scheme’.

The grievance of the petitioners is that they have been denied benefits of these schemes on the ground that incidents, in which petitioners were sexually assaulted, have occurred prior to the cut-off dates fixed under the said schemes.

Women and child welfare department formulated the ‘Manodhairya Scheme’ that was made applicable with effect from October 21, 2013, whereas the ‘Victim Compensation Scheme’ formulated by the home department was made applicable from April 11, 2014.

The petitioners have contended that the government should implement benefits of these schemes with retrospective effect to give them compensation.

The court was informed that the ‘Manodhairya Scheme’ envisages payment of compensation ranging from Rs 2 lakh to Rs 3 lakh to the rape victim. Under the scheme, the victims would receive not only medical treatment but also legal aid, counselling and help for rehabilitation from the state government. According to the government pleader, the scheme also makes it compulsory for the government to open trauma centres all over the state. However, so far trauma centres have not been formed till now.

On this, the court asked the government to set up trauma centres across the state as per rules and also asked it to reply on the petition whether it was possible or not to give scheme retrospective effect or not.

The court has posted this matter for further hearing on June 13.