State Has Primary Duty To Disburse Funds Under Assam Victim Compensation Scheme: Gauhati High Court

The Gauhati High Court has recently asked the Assam government to come up with a definite proposal for release of the requisite funds to be disbursed to the victims under the Assam Victim Compensation Scheme, 2012 by May 20, 2024.

The division bench comprising the Chief Justice Vijay Bishnoi and Justice Suman Shyam observed:

“We are forced to make a comment that it is very sorry state of affairs that the compensation is not being disbursed to the victims for lack of funds. The State is having its primary responsibility to provide the fund for disbursement of compensation to the victims.”

The bench was hearing a PIL which raised a concern for non-payment of compensation to the victims under the Assam Victim Compensation Scheme, 2012.

Through an affidavit filed on behalf of the Assam State Legal Services Authority (ASLSA), it was stated that as on February 17, 2024, the requirement of victim compensation fund in the State of Assam is around Rs. 24,16,18,032/-.

The Counsel appearing for the ASLSA submitted that the State has not provided any fund to be disbursed to the victims for the year 2019-20 to 2022-23.

However, it was further submitted that in the year 2023 only Rs. 9,00,00,000/- (Nine Crores) have been provided for the purpose of disbursing compensation amongst the victims under the Victim Compensation Scheme.

The Court noted:

“It appears that there is lack of coordination between the Home as well as the Finance Department, however, we are expecting that by the next date of hearing, with the coordination between the concern departments, the State of Assam shall come with a definite proposal for release of the requisite funds to be disbursed to the victims under the Victim Compensation Scheme.”

The matter is listed again on May 20.

Case Title: Sandeep Chamaria v. The State of Assam & 2 Ors.

Case No.: PIL/7/2024

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