All rape survivors should get compensation: HC

MUMBAI: The Maharashtra government told the Bombay high court on Monday that it was considering making its victim compensation schemes retrospective in nature, or expanding the definition of the term “victim” to make all female victims eligible for compensation.

The statement came in response to a petition filed by the father of a minor rape survivor, seeking retrospective implementation of the Manodhairya Scheme introduced in October 2013, under which compensation is given to rape and acid attack victims. He said his daughter was 13-years-old when she was raped several times between July 2012 and January 2013. He added that the police did not take action against her alleged rapist, but forced her to marry him after she became pregnant. Her husband later fled the country.

The petitioner also mentioned the Maharashtra government’s Victim Compensation Scheme, introduced in April 2014. He complained that the benefits of these schemes were wrongly denied to victims of sexual offences on the ground that these incidents occurred prior to the cut-off dates fixed by these schemes.

The division bench of Justice Naresh Patil and Justice Prakash Naik expressed their displeasure over the government’s stand.

“How can the government restrict the definition of ‘victim’ [to rape and acid attack victims], when the Code of Criminal Procedure does not provide for the same,” they said.

The counsel for the petitioner, advocate Wesley Menzes, said a Supreme Court order given in February said that states should follow Goa’s victim compensation schemes, in which Rs 10 lakh is given to victims.

The court directed Deshmukh to inform the bench of the government’s decision.