Aparna Kottapalle

Paper: Manodhairya Scheme: A Milestone Object and Feeble Mission in Maharashtra

Abstract

Victimisation is often traumatising and life changing event. Victim of crime does not only suffer physical injury but also suffers psychological, economic and other harms. Apart from punishing the offender, the state also shoulders the responsibility to rehabilitate the victim.  The researcher, in this paper, discusses the theoretical perspectives of state's liability to pay compensation to the victims of violence and specifically in cases where women are victims, referring to the reports of J. Malimath Committee and J. Varma Committee, amendments in Cr.P.C., and also judicial contribution towards evolution and expansion of compensatory justice in India. The focus is on Manodhairya Scheme in Maharashtra which creates provisions to provide compensation to the victims of rape, acid attacks and cases of child sexual abuse. This research paper is an outcome of information and experiences researcher gathered during her work as a member of Manodhairya Committee for Aurangabad District, in Maharashtra. Along-with the objectives and reasons for the introduction of the scheme the researcher further studies implementation of the scheme, for which she refers to the statistical data of Maharashtra State and also Aurangabad District. Some case studies also are placed based on the available documentation. Though this research work is doctrinaire, some of the concerned authorities are interviewed for the qualitative analysis.   The researcher also has studied approaches of committee members and tried to find out whether justice hampers due to the prejudices of committee members. The research also points out some inherent defects in the scheme such as no notifications for constituting trauma team and problems in the implementation of the scheme such as financial crunches, inadequate infrastructure, lack of techno savvy employees, and suggests effective solutions to the defects and problems. 

Aparna Kottapalle, Assistant professor of Law at M.P. Law College, Aurangabad. Maharashtra, has completed LL.B. from ILS Law College Pune, PG from Mumbai University and Ph.D. from Bharti Vidyapeeth Pune. She has completed one MRP funded by Ministry of Consumer affairs through IIPA, New Delhi. She has keen interest in Gender Justice and is involved in regional activities and movements. She has been an excellent resource person in various training programmes, workshop, seminar and conferences.