Regarding starting of the Manodhairya

Scheme in the State for providing

Financial Assistance and Rehabilitation
for Victims of Rape, Child Sexual
Assault and Acid Attack
Maharashtra Government, Department of Women and Child Development,
Government Regulation No. 2011/ Pra.Kra.6-k2

Introduction
While there is a need to award stringent punishment to the accused persons who commit rape, child
sexual assault and acid attack, it is equally necessary to restore the dignity and self confidence of the
victims. Accepting the principle of restorative justice there is a need to provide support to these
women and children to help them to overcome the mental and physical trauma caused by the
incident and to provide immediate financial support, as well as counseling, shelter, medical and legal
assistance in order to rehabilitate them.
2. The Honble Supreme Court of India in Delhi Domestic Working Women's Forum v. Union of
India, Writ Petition No.362/93, in order to wipe off the tears of the vulnerable victims of rape has
given directions to initiate a scheme for financial assistance. Similarly, the Honble Supreme Court
in Cri. Writ Petition No. 129/2006 has, on 11th February, 2011, given directions to provide a scheme
for financial assistance for victims of acid attacks. Also under the Protection of Children from Sexual
Offences (POCSO) Act, 2013, there is a need to rehabilitate victims of sexual assault who are under
the age 18 years. In compliance with these guidelines, the Maharashtra Government has decided to
start the Monodhairya scheme to provide financial assistance to victims of rape, child sexual assault
and acid attack.
Government Resolution:
1. To give the assurance of restorative justice to victims of rape, child sexual assault and acid
attack, it has been decided to start Monodhairya scheme on 2nd October, 2013. In view of this,
the following guidelines are issued.
(i)

This scheme will become operative for cases occurring in the State of Maharashtra from
2nd October, 2013 onwards.

(ii)

Victims of rape, child sexual assault and acid attack and their legal heirs will be provided
with immediate financial aid and psychological expert service.

(iii)

The definition of rape is as provided under Section 375 and 376 of the Indian Penal Code
(IPC), the definition of child sexual abuse is as provided under section3,4,5 & 6 of
Protection of Children from Sexual Offences (POCSO) Act, 2013 and the definition of
acid attack is as provided under S.326A and 326B of Indian Penal Code (IPC)

(iv)

Victims of rape, child sexual assault and acid attack and their legal heirs will be provided
shelter, counseling, medical help, legal assistance and educational support and vocational
training etc. as per their need in order secure for them restorative justice.

(v)

As per this scheme, victims of rape and child sexual abuse will be provided a minimum of
Rs. 2, 00,000/- and a maxim of Rs.3,00,000/- in special incidences. Similarly, victims of
acid attacks will be provided with financial assistance of Rs.3,00,000/- if their faces are
disfigured or if they suffer from permanent disability. If they suffer from any other types
of injuries, they will be provided Rs.50, 000/-.

(vi)

Availing of financial assistance under this scheme of the Department of WCD will not
entitle the victims of rape, child sexual assault and acid attack for claiming financial
assistance under any other scheme of the Home Department or any other government
department.

(vii) As soon as an FIR is lodged, the Station House Officer /Police officer will inform the
Chairperson as well as all members of the District Criminal Injuries and Rehabilitation
Board, Superintendent of Police (District ), District Medical Officer , District Women &
child Development officer through email or sms. In order to provide immediate relief to
the victim (woman or child) a meeting of the District Board will be called immediately.
Along with this, the District Medical Officer & in Mumbai, the Dean of District Hospital
(J.J. Hospital / Cama Hospital) provide immediate medical assistance to the victim. In this
process the identity of the Complainant / Victim (woman or Child) will be maintain ,in this
regards direction given by Supreme court shall be followed strictly
(viii) The protocol and guidelines issued by the Department of Public Health on 10th May, 2013
regarding medical examination of victims of sexual assault must be strictly implemented.

2. For the purpose of implementation of this scheme, it has been proposed to set up District
Criminal Injuries and Rehabilitation Boards at the district level under the chairmanship of the
District Collector. Hereinafter these Boards will be referred to as District Boards. In order to
provide immediate emotional support to victims of rape, child sexual assault and acid attack, it
has been proposed to set up a specially trained trauma team in every district. Immediately after
the incidence, the woman, child or their relatives will be provided support, guidance, medical
help, psychiatric counseling and other necessary facilities. The district level trauma team will
comprise of the Women Counselor, Medical officer, support person and Police officers. The team

members will be provided with necessary training. For this purpose, necessary guidelines will be
issued separately.
3. The composition of District Criminal Injuries and Rehabilitation Board will be as follows.
1

District Collector

Chairperson

An officer of the rank of an ACP nominated by the District Member

Superintendent of Police (rural) or the Commissioner of Police
(urban)

District Medical Officer

Member

District Government Pleader and Public Prosecutor

Member

An expert who has worked for empowerment of women and Member

children in the district, from the social field nominated by the
District Collector

District Women and Child Development Officer

Member
Secretary

For Mumbai city instead of the District Medical Officer, the Dean of the Sir J.J. Hospital, Mumbai
and for Mumbai suburbs the Dean of the Cama Hospital, Mumbai will be appointed. Similarly, the
Public Prosecutors and Government Pleaders from the High Court will be appointed for Mumbai city
and Mumbai suburbs. The Collector will immediately issue the necessary directions as stated above,
for constituting the District Boards.

4. The functioning of the District Board will be as follows:

i.

ii.

As soon as information about an incident of rape, child sexual assault and acid attack is
received from the police investigating officer (IO), an immediate decision will be taken. The
meeting of the Board shall be held within 7 days from date of information of FIR & within
15 days the amount shall be granted. Such a period can be extended under special
circumstances by the Board.
In case of an acid attack, if the face of the victim is destroyed or if the victim suffers
permanent disability, as per the directions of the Honble Supreme Court, Rs.3,00,000/- will

be provided immediately through cheque, and if the victim suffers from any other type of
injury, she will be provided with financial assistance of Rs.50,0000/- through cheque.
iii.

If rape has been committed by fraud, false promise of marriage or luring the victim in any
other manner, 50% of the amount of Rs.2,00,000/- will be given immediately after filing the
FIR and the remaining 50% will be given after the charge sheet is filed through cheque.

iv.

In cases where the FIR reveal the commission of an aggravated type of offence, the affected
woman or child or their legal heir will be awarded Rs.3,00,000/-. 100% of the sanctioned
amount will be disbursed immediately. However Board will have the discretion to award a
higher amount

v.

For the purpose of treatment, travel and for other emergency expenses an additional amount
of Rs.50, 000/- will be provided immediately to the affected woman or child. It will be up to
the Board to arrive at this decision.

vi.

Strict confidentiality will be maintained regarding the identity of the victim and the
complainant.

vii.

In collaboration with Government and non-government organizations, the District Board will
try to provide legal assistance, shelter, counseling, medical aid, education, vocational
training, psychological expertise or any other type of support service to the victim.

viii.

In order to provide further financial assistance and to rehabilitate the affected person, the
District Board will also try to provide additional financial assistance and other support which
is available under any other state government scheme (eg. employment or starting a
trade/business, etc.)

ix.

As per the need of the situation at hand, take all other necessary decisions.

5. Support as per scheme

As per this scheme the financial support will be provided as follows
No. Description of the Incident

Financial
Minimum
Rs 2,00,000/-

Assistance
Maximum

Child Sexual Assault (POCSO ACT)

Rs 3,00,000/-

Rape

Rs 2,00,000/-

Rs 3,00,000/-

In Acid Attack, if the face of the victim is destroyed or

Rs 3,00,000/-

Rs 3,00,000/-

if the victim suffers permanent disability

4

Other injuries in Acid Attack.

Rs.50,000/-

Rs.50,000/-

6. The procedure for awarding financial support will be as follows:

i.

As soon as the District Women and Child Development Officers come to know about an
incident which has occurred in their district, they will themselves take the initiative and
contact the concerned police IO and take the information about the FIR and as per Point 5
above place the same before the District Board for immediate action. The concerned
Investigation Officer immediately after the lodging the FIR shall sent an Email or SMS to
District Collector and District Woman & child development officer within one hour.

ii.

The decision of the District Board regarding the financial assistance to be provided will be
final. The responsibility of implementing the decision of the District Board will be of the
District Women and Child Development Officer. For this purpose, they will be given the
powers of Drawing and Disbursing Officer (DDO). The Commissioner, Women and Child
Development, Pune will exercise control and supervisory powers over them.

iii.

The District Women and Child Development officer will deposit the sanctioned amount in the
respective back account of the victim or the legal heir.

iv.

A. Out of the amount sanctioned 75% will be kept as fixed deposit for a period of three years
and 25% will be given to the victim / guardian to be used for expenses.
B. But victims of acid attacks, will be entitled to spend 75% of the amount for treatment and
only 25% will be kept in fixed deposit.

v.

If victim is an illiterate child, the amount will be used for betterment and development of the
child. As per the satisfaction of the District Board the amount will be deposited in the childs
minor account. 75% of the amount will be kept in Fixed Deposit and the same will be given
to the child when the child attains the age of 18 years. The balance 25% of the amount can be
used for the childs welfare. However, the amount needs to be kept in the bank for a
minimum period of three years. Proviso if the amount is needed for educational or medical
expenses, the guardian of the minor will be allowed to withdrawn the amount with the
permission of District Board. The interest accrued from the Fixed Deposit will be deposited
in the savings bank account of the victim or the parents every month, to be used for the
victims welfare.

7. Until the implementation of such scheme by the Central Government, the said scheme will be
implemented by the state Government. The orders regarding the availability of required funds for
amount spent on the current scheme will be issued separately.
8. Government Regulation, Finance Department, kr. Pravas 1010/Pra.Kra.2/service 5, dated 3
March, 2010 as per procedure of the District Board and District Control Committee, honorarium
to NGO members will be paid.
9. This Government Resolution will be notified as per planning department informal reference
149/1472 dated 11-10-2013 and finance departments informal reference 557/13 dated 15-102013.
10. This GR will be available at the Maharashtra state website www.maharashtra.gov.in .
Under the sign and seal of the Governor, Maharashtra State.

M.B. Hajari
Deputy Secretary
Maharashtra Government