Delhi LG V K Saxena approves amendment in Delhi Victims Compensation Scheme 2018 for compensation in mob violence, lynching
Dec 29, 2023
New Delhi [India], December 29 : Delhi LG V K Saxena has approved the amendment in the Delhi Victims Compensation Scheme 2018 which will enable the provision of compensation to the victims of mob violence and lynching.
The proposal was submitted by the Delhi Government after a delay of five years as the Supreme Court in 2018 had directed the state governments to prepare such a scheme in one month.
According to the amendment in the scheme, the definition of 'victim' has been amended to include the guardian or legal heir of a person who has suffered loss injury or death as a result of the offence including the offence of mob violence and mob lynching and interim relief would be paid to the victim(s) or the next of the kin of the deceased within 30 days of the incident.
The apex court on July 17, 2018, in the matter of Tehseen Poonawala Vs Union of India and others had directed that the state governments shall prepare a lynching/mob violence compensation scheme in the light of the provisions of Section 357A of the CrPC within one month of the judgement.
The verdict had given the guidelines that in the scheme for computation of compensation, the State Governments shall give due regard to the nature of bodily injury, psychological injury and loss of earnings including loss of opportunities of employment and education and expenses incurred on account of legal, medical and other sufferings due to mob lynching/ mob violence.
The Delhi Victims Compensation Scheme, 2018 was notified with the approval of the then LG vide notification dated June 27, 2019, but the issue of compensation for lynching and mob violence was not covered in it.
In between, the Assistant Registrar of the Supreme Court vide his letter dated April 29, 2023, forwarded a copy of directions of the Apex Court in WP(C) No. 428/2023 in case titled "Indian Muslim for Progress & Reforms Vs Union of India & Ors.', wherein the Court had directed the States to file their respective affidavits regarding implementation of its directions issued in WP (C) No. 754/2016 titled Tehseen S. Poonawalla Vs Union of India and others.
It was submitted before the apex court that certain states have formulated a scheme while many of the states have not done so to date.
As per suggestions of Law Department, GNCTD, the draft notification for amendment in clause 2(k) in the definition of 'victim' and Rule 13 was carried out.
Accordingly as per amendments:
(1) In Clause 2 (k), the definition of "Victim" shall be as under-
"Victim" includes a person who has suffered loss or injury as a result of the offence including the offence of mob violence and mob lynching and in the case of his or her death, the expression 'victim shall mean to include his/her guardian or legal heir.
Provided that for compensation, the victim of mob violence/mob lynching shall be the one who is treated as a victim of mob violence/mob lynching by the court or investigating agency.
(2) In Rule 13, the following is inserted:- Provided further that in case of mob violence mob lynching, the interim relief to the victim, including the interim compensation shall be provided within 30 days from the date of the offence and the limit of Rs. 50,000 for interim compensation shall not apply to the cases of such victims but the upper limits of compensation provided under the schedule to the scheme shall continue to apply."
