Legal Groups Urge Maharashtra Govt To Streamline Financial Relief For Child Abuse Survivors Under POCSO Rule 8

Mumbai: Groups providing legal support to women and child survivors of abuse said that in the absence of a separate financial allocation for emergency disbursements under Rule 8 of Protection of Children from Sexual Offences Rules, 2020, a Government Resolution should be passed to operationalise the rules and ensure that survivors get financial aid in time.

Majlis, which provides legal assistance in cases, stated that the District Child Protection Units are largely unaware of Rule 8 and their associated responsibilities. Apart from the absence of specific budgetary provisions to support the relief process, there is a lack of procedural clarity on how to facilitate or track the disbursement, said advocate Audrey D'Mello of Majlis, which has started a signature campaign to highlight the discrepancies in the implementation of the rule.

The rule provides for the sanction of funds for food, clothing, transportation, and other essentials to survivors after a recommendation by a Child Welfare Committee.  The funds should be released to the District Legal Services Authority or the DCPU from funds placed at their disposal by the state or from funds maintained under section 105 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

However, procedural ambiguity exists regarding the verification and release of funds after CWC recommendation, said legal aid groups. Even after recommendation of aid, coordination with DLSA and CWC is missing or fragmented. As a result, DCPUs are unable to effectively support the child’s rehabilitation, or monitor relief outcomes, said Majlis.

The organisation has suggested a GR that could include directions to the Women and Child Development Department, Government of Maharashtra, for creation of a dedicated budgetary sub-head under the Manodhairya Scheme or section 357A of CrPC or section 105 of JJ Act, 2015, titled 'POCSO Special Relief Fund'. Another suggestion is to ensure that the WCD department makes an annual allocation and timely release of funds under this subhead to each DLSA, and a standard proforma for Rule 8 orders. The 'Manodhairya Scheme' was introduced by the WCD department in October 2013 to comply with Supreme Court directives for providing financial assistance for victims of sexual assault cases under POCSO.

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Majlis said that while the CWCs should assess and issue orders for special relief under Rule 8, a copy of the order shall be provided to the victim and/or support person, DCPU, and DLSA. DCPUs shall act as nodal agency, verify details of the victim’s bank account, and forward the application to the DLSA secretary within three working days.

Victims or support persons shall also be allowed to directly submit the CWC order to the DLSA to prevent delays. Other suggestions include a register of all Rule 8 disbursements by DLSA and monthly reports. All Rule 8 disbursements must be uploaded on the NCPCR’s POCSO portal by the DCPU to enable state-level tracking. It is suggested. DLSA secretary shall ensure the disbursement of funds within seven working days of complete documentation.

Susieben Shah, former chairperson of Maharashtra State Commission for Protection of Child Rights, said payments are delayed because of time taken to record statements under Criminal Procedure Code section 164. "This requires a magistrate's presence. This process gets delayed. The next meeting of the CWC will take up such lapses," said Shah.