Maharashtra Manodhairya Scheme
Majlis
In 2017 Maharashtra Legal Aid Services Authority was appointed by the Bombay High Court as the implementing agency of the scheme.
Majlis has been helping victims access the scheme and we find our victims face multiple issues. Some of these include
- Police do send applications to DLSA after filing the FIR. (As per the GR this is to be sent within 1 hour of filing the FIR)
- Victims are not aware if their application has been sent to DLSA.
- Victims have no information if interim compensation has been granted. (As per GR this has to be granted within 7 days). If rejected they are not informed the reason for rejection.
- Victims are not aware if final compensation is granted and as to what amount.
- Victims face several problems in opening a bank account especially since most victims are marginalised and minors and the account has to be in their sole name in a nationalised bank.
- 164 statement which is a mandatory document to the application is often delayed as Magistrate Courts are overburdened
- DLSA has shared that they do not receive adequate funds from the government.
- The trauma team to provide medical, psychological support, counselling, vocation, job and legal aid has not been set up as yet.
Recently we addressed these issues with the High Court and Member Secretary, MALSA and we are glad that they immediately issued this letter to all DLSAs to resolve some of our concerns.
These are small victories and we still have a long way to go to ensure victim compensation and support is delivered in the true spirit of the scheme.
As our struggle continues we thank you for your support.
Audrey Dmello
We are a team of women lawyers and social workers who work for the protection and promotion of women and children’s rights through legal representation, advocacy and training.
Member Secretary
105. High Court (P.W.D.) Building, Fort, Mumbai 400 032.
No. M.R.V.S.Pvt./ 2023 / 9262
Dated : 19th April, 2023
Per,
Secretary
District Legal Services Authority
District All
Subject :- Regarding compensation application filed under Manodhairya Yojana..
Sir/ Madam,
Pursuant to the above reference and with a view to more effectively implement Manodhairya Yojana across the State, you are hereby informed that,
1. No application under the Manodhairya Yojana to the District Legal Services Authority should be rejected on the ground of insufficient documents. If there is any error in the said application, it should be obtained from the victim or the relatives of the victim to rectify the same. If the victim or the relative of the victim is unable to submit the said documents, then a legal volunteer (PLV) should be appointed through the authority and the documents required for the said application should be completed through him.
2. While accepting applications under Manodhairya Yojana, the first step should be to ascertain whether the concerned victim has a bank account or not. If the victim has a bank account, the name of the bank from the victim or from the relatives of the victim. Account Number, IFSC Code. Cancel check etc should be obtained.
3. If the victim does not have a bank account, the above bank account details should be obtained from the victim by helping the victim to open a bank account, so that the interim / final compensation fund can be paid to the concerned victim without delay after the PDT compensation application is approved
4. Interim or final order passed on compensation application under Manodhairya Yojana After this, a copy of the said order should be given immediately to the victim or the relatives of the victim.
5. Compensation applications under Manodhairya Yojana are sanctioned as per approval order Interim or final compensation amount immediately and through NEFT / RTGS only should be deposited in the account of the victim.
6. The final order on the compensation application should be intimated immediately to the victim personally or to the next of kin of the victim through the Investigating Officer or legal volunteer, in writing through email and letter.
While implementing Manodhairya Yojana, the above instructions should be followed strictly.
Non- compliance with the said instructions will be seriously considered.
Your faithful,
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