Special Relief for victims of child sexual abuse

Majlis is sending this appeal to the Government of Maharashtra to implement Special Relief under Rule 8 of the Protection of Children from Sexual Offences Rules, 2020

If you wish to sign this appeal, Please add your details by clicking on this link. https://forms.gle/iiW7vAFXiFxDjNHN9

R. 8. POCSO Rules, 2020 Special Relief 

(1) For special relief, if any, to be provided for contingencies such as food, clothes, transport, and other essential needs, CWC may recommend immediate payment of such amount as it may assess to be required at that stage, to any of the following:-

1. the DLSA under Section 357A or; 

2. the DCPU out of such funds placed at their disposal by the state or; 

3. funds maintained under S. 105 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016); 

(2) Such immediate payment shall be made within a week of receipt of the recommendation from the CWC.

Need for Special Relief: Child sexual abuse often causes immediate trauma, displacement, physical injuries, pregnancy, or need for medical treatment. Rule 8 Special Relief ensures interim financial assistance to mitigate this suffering. It provides every victim of child sexual abuse with an immediate financial relief for any necessity, such as food, clothing, transport, and other essential needs, which may include education too. This financial aid is provided within one week of the recommendation passed by the Child Welfare Committee (CWC). 

Eligibility Criteria: All cases registered under the POCSO Act, 2012, i.e S.4 - Penetrative Sexual Assault, S.6 - Aggravated Penetrative Sexual Assault, S.8 - Sexual Assault, S.10 - Aggravated Sexual Assault and S.12 - Sexual Harassment are eligible for Special Relief. 

Issues faced by the key stakeholders in implementing Rule 8 (Special Relief) of the POCSO Rules, 2020:

Child Welfare Committee (CWC)

• Many CWCs remain unaware of Rule 8 and its mandate for recommending special relief.

• There is a lack of clarity on the grounds for passing orders under this rule.

• Standardised proformas for issuing recommendations are not available.

• Even where orders are issued, CWCs are uncertain about which authority is responsible for fund disbursement.

• There is no established mechanism for victims or families to follow up on delays or non-receipt of special relief.

  
  

District Legal Services Authority (DLSA)

• Several DLSAs are unaware of their role in implementing Rule 8 and processing special relief.

• No separate financial allocation has been made specifically for Rule 8 disbursements.

• Procedural ambiguity exists regarding the verification and release of funds upon CWC recommendation.

• The added responsibility overlaps with the already burdensome administration of the Manodhairya Scheme.

• Coordination with CWCs is weak, especially post-order, leading to further delays in implementation.

  
  

District Child Protection Unit (DCPU)

• DCPUs are largely unaware of Rule 8 and their responsibilities therein.

• No specific budgetary provisions have been earmarked to support the special relief process.

• There is a lack of procedural clarity on how to facilitate or track the disbursement of relief.

• Post-recommendation, 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.

Suggestions: 

Government Resolution (GR): 

In order to operationalise Rule 8 POCSO Rules, 2020 the following directions to be issued by the Women and Child Development Department, Government of Maharashtra:

1. Creation and Allocation of Funds

A dedicated budgetary sub-head shall be created under the Manodhairya Scheme or under S.357A or S. 105 JJ Act titled “POCSO Special Relief Fund”

The WCD Department shall ensure annual allocation and timely release of funds under this sub-head to each District Legal Services Authority (DLSA).

2. Role of Child Welfare Committees (CWC)

CWCs  to assess and issue orders for special relief under Rule 8.

A standardised proforma for passing Rule 8 orders shall be developed.

A copy of the order shall be provided to:

The victim and/or Support Person

The District Child Protection Unit (DCPU)

The District Legal Services Authority (DLSA)

3. Role of District Child Protection Unit (DCPU)

DCPUs shall act as nodal agency. Upon receiving the CWC order, DCPUs must:

Verify details of the victim’s bank account (preferably in the child's or guardian’s name).

Forward the application to the Secretary, DLSA within 3 working days.

Victims/Support Persons shall also be allowed to directly submit the CWC order to the DLSA to prevent delays.

4. Role of District Legal Services Authority (DLSA)

The Secretary, DLSA shall ensure the disbursement of funds within 7 working days of receipt of complete documentation.

DLSA shall maintain a register of all Rule 8 disbursements and submit monthly reports.

5. Integration with POCSO Tracking Portal

All Rule 8 disbursements must be uploaded on the NCPCR’s POCSO Tracking Portal by the DCPU to enable state-level tracking.