BHARTI DINESH CHAVAN v. THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER
Retrospective Application of Victim Compensation Schemes and Directions to District Legal Services Authority for Determination of Compensation to Survivors of Sexual Assault.
Court: Bombay High Court
Citation: 2026:BHC-AUG:10878-DB
Decision Date: 12-03-2026
List of Laws
Article 226 of the Constitution of India; Indian Penal Code, 1860; Maharashtra Control of Organised Crime Act, 1999; Sudharit Manodhairya Yojna (Government Resolution dated 30th December, 2017); NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018
- Facts: The petitioner is a victim in a criminal case (Special Case No. 02 of 2010) involving serious offenses, including those under Sections 392, 394, 376(2)(g), 366, 341, 354, 509, and 216(a) of the Indian Penal Code, along with provisions of the Maharashtra Control of Organised Crime Act. The trial resulted in the conviction of four accused persons, with the maximum sentence being twelve years of rigorous imprisonment. The petitioner sought victim compensation under the "Compensation Scheme for Women Victims/survivors of Sexual Assault/other Crimes 2018" and the State of Maharashtra’s "Sudharit Manodhairya Yojna" introduced via a Government Resolution (G.R.) dated December 30, 2017. However, the petitioner had not yet formally applied to the competent authorities for this relief.
- Procedural Posture: The petitioner approached the High Court of Judicature at Bombay, Bench at Aurangabad, by filing a Writ Petition under Article 226 of the Constitution of India, seeking directions to the State and the Legal Services Authority to determine and award compensation.
- Issue: Whether the petitioner is entitled to seek compensation under the retrospective application of the State's "Sudharit Manodhairya Yojna" and the National Legal Services Authority's 2018 Scheme, and what is the appropriate procedure for such a claim?
- Holding: The Court held that the petitioner is permitted to apply for compensation. It directed the petitioner to approach the District Legal Services Authority (DLSA), Aurangabad, within four weeks, and directed the DLSA to consider the application in accordance with the G.R. dated December 30, 2017.
- Reasoning: The Court noted that in a previous decision (Writ Petition No. 291 of 2022), it had already established that the Government Resolution dated December 30, 2017, which introduced the "Sudharit Manodhairya Yojna", is retrospectively applicable. It further observed that the National Legal Services Authority's 2018 Scheme is similar in nature. Since the petitioner had not yet applied through the proper administrative channels (the State Scheme or the DLSA), the Court determined that the interest of justice would be served by allowing the petitioner to file a formal application and directing the authority to pass an appropriate order based on the existing guidelines.
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