Mumbai: Bombay high court was furious after being told that a draft scheme for rehabilitation of minor sexual assault survivors who are required to undergo medical termination of pregnancy (MTP) has to be shown to the state govt as it will have financial impact.“Let the state not be so insensitive. You failed to protect the girl child and that’s why she landed here. And you talk about financial burden? Shall we tell you how much money is spent on other things in the state?” asked Justices Bharati Dangre and Ashish Chavan on Monday.Recently, while hearing pleas for MTP, HC had asked the state whether survivors could be assisted in any manner. On Oct 12, it asked if govt has a scheme to make them self-reliant. State’s advocate Molina Thakur said apart from Manodhairya and Centre’s Vatsalya compensation schemes, there is none applicable to Pocso survivors. The judges said compensation is just a part of rehabilitation. They said there are schemes for continuing a child’s education, introducing her to some self-help group or vocation. If there is no scheme, “we can devise one”, they said.The judges said a nodal agency would be required to coordinate with all departments and ensure the survivors’ medical checkups and psychological support. “Given that the pregnancy is terminated, that has shattered her. A small girl of 13-14 years… Till the time she grows into an adult and is able to understand how the world is, she requires some constant counselling, psychiatric analysis, regular medical checkup... ensuring that her body and mind remain healthy when she steps into womanhood,” said Justice Dangre. The judges noted that the Vatsalya scheme focuses on abandoned children, orphans and children in observation homes. “We are talking of a child who is outside that system… Let her live her life in the open world,” said Justice Dangre.Advocate Rekha Musale for a survivor submitted a draft scheme. When the judges asked Thakur to go through it, she said, “I will have to show it to the state because this is really going to have a financial impact.” To this, the judges said, “You (govt) are unable to protect the girl child in the state and, therefore, this [has happened].”“Don’t give us these excuses… If the state can’t bear the burden of such children, then God save us! We are not going to ask for the state’s consent because of how much financial burden it is going to result in. Definitely not,” said Justice Dangre.Adjourning the hearing to Thursday, the judges again asked Thakur to go through the scheme and find out the broad areas, adding: “We are only concerned with peculiar cases which are before us.”
