Bombay High Court Criticizes Maharashtra for Delays in MTP Survivor Rehabilitation Scheme
The Bombay High Court expressed outrage over the Maharashtra government's hesitance to fund rehabilitation for minor sexual assault survivors needing medical termination of pregnancy.
The court criticized the state for prioritizing financial concerns over the welfare of minor survivors.
Judges emphasized the need for comprehensive rehabilitation beyond mere compensation.
A nodal agency is proposed to coordinate medical and psychological support for affected minors.
In a recent hearing, the Bombay High Court expressed its anger towards the Maharashtra government for delaying a rehabilitation scheme for minor sexual assault survivors who require medical termination of pregnancy (MTP). The court's frustration stemmed from the state's insistence that the draft scheme needed approval due to its financial implications. Justices Bharati Dangre and Ashish Chavan highlighted the insensitivity of the state, questioning how it could prioritize financial burdens when it had failed to protect vulnerable girls in the first place.
The court had previously inquired about the support available for survivors during MTP hearings. On October 12, the judges asked whether the government had any programs aimed at fostering self-reliance among these minors. State advocate Molina Thakur responded that, aside from existing compensation schemes like Manodhairya and the Centre's Vatsalya, no specific initiatives were in place for survivors of the Protection of Children from Sexual Offences (Pocso) Act. The judges pointed out that compensation alone does not constitute adequate rehabilitation and stressed the importance of educational support and vocational training for these children.
Justice Dangre emphasized the psychological impact of MTP on young girls, stating that those as young as 13 or 14 require ongoing counseling and medical care to ensure their mental and physical health as they transition into adulthood. The judges noted that the Vatsalya scheme primarily serves abandoned children and orphans, which does not encompass the needs of those outside institutional care. They asserted that these children deserve the opportunity to live fulfilling lives in society.
During the proceedings, advocate Rekha Musale presented a draft rehabilitation scheme for the court's consideration. However, when asked by the judges to review it, Thakur insisted that it had to be submitted to the state for financial evaluation. The judges firmly rejected this notion, expressing their dismay at the government's failure to protect minors and stating that financial concerns should not hinder the development of necessary support systems for these children.
The hearing was adjourned until Thursday, with the judges instructing Thakur to examine the proposed scheme further and identify key areas of focus. They reiterated their commitment to addressing the unique circumstances of the cases before them, emphasizing that the welfare of these minors must take precedence over bureaucratic delays.
