'Sorry State Of Affairs': Calcutta High Court Orders State To Disburse Funds For Victim Compensation In 6 Weeks

The Calcutta High Court on Monday came down heavily on the State Legal Services Authority (SLSA) for not having enough funds to provide compensation to victims as per the West Bengal Victim Compensation Scheme, 2017 and thus directed the State government to ensure disbursal of adequate funds within 6 weeks. 

Justice Moushumi Bhattacharya observed, 

"This court has noted in other matters of similar nature that the SLSA has not been provided with the funds for disbursement towards victim compensation. In a similar matter of 2021, SLSA has submitted before this court that it had funds only of an amount of Rs.5,000/- and was hence not in a position to disburse the victim compensation. This is a sorry state of affairs to say the least."

The Court further noted that Section 357A of the CrPC provides for a special provision for the Victim Compensation Scheme which was brought into effect from December 30, 2009. It was further underscored that under this provision, it is a duty of the State Government in co-ordination with the Central Government to prepare a Scheme for providing funds for the purpose of compensation to the victim or his/her dependent who has suffered loss or injury as a result of the crime and who requires rehabilitation. 

It was averred further that Section 357A(2) of the CrPC provides that upon recommendation being made by the Court for compensation, the DLSA or the SLSA shall decide the quantum of compensation to be awarded under the Scheme.

Enumerating further, the Court observed that the West Bengal Victim Compensation Scheme, 2017 as notified on February 15, 2017 reinforces in Clause 3 that the State Government shall constitute a fund namely Victim Compensation Fund from which amount of compensation under this Scheme shall be paid to the victim or his/her dependents. It was also noted that Clause 3 provides for the State Government to allot a separate budget on an annual basis and the fund shall be operated by the Member Secretary, SLSA for the State of West Bengal.

Opining that the current state of affairs cannot be permitted to continue indefinitely, the Court ruled, 

"The Code of Criminal Procedure as well as the Notification published by the State in 2017 makes it mandatory on the State Government not only to make a separate budget for victim compensation but also to constitute a fund with the specific nomenclature of "Victim Compensation Fund" for disbursing amount to the victims who need rehabilitation. This state of affairs cannot surely be permitted to continue for an indefinite period of time. Victims who have suffered loss or injury or any kind of physical or mental agony have been brought within the purview of The Code of Criminal Procedure for a stated purpose. The State or the SLSA cannot take the position that it does not have funds to compensate the victims."

The instant writ petition was filed seeking payment of victim compensation pursuant to an order made by the Secretary, District Legal Services Authority, South 24 Parganas on December 5, 2019 fixing the compensation amount as Rs.1,50,000. Subsequently, the petitioner had filed an appeal for enhancement of the compensation amount to Rs 18 lakhs and the said appeal is pending consideration by the appellate body on June 24, 2022. 

However, during the proceedings, the counsel appearing for the SLSA submitted that the SLSA presently does not have any fund at its disposal and was therefore unable to pay the amount of Rs.1,50,000 to the petitioner till date. 

Accordingly, the Court directed the SLSA and the State government to file a report indicating steps taken for disbursal of funds within 6 weeks and thus observed, 

"The SLSA, the State Government Member Secretary and Finance Department, Government of West Bengal are hence directed to file a report within six weeks from date as to the steps which are proposed to be taken for ensuring that adequate amount of funds reach the State Legal Services Authority within six weeks from date. The report shall indicate the funds which are proposed to be put in with SLSA within the time directed for dealing with the pending cases of victim compensation."

The Court also declined the petitioner's prayer for immediate disbursement of Rs.1,50,000 in view of the practical compulsions namely that SLSA is not in a position to inform the Court as to the quantum of funds which is presently at its disposal.

The matter is slated for further hearing after 6 weeks. 

Case Title: Maleka Khatun v. The State of West Bengal and others

Case Citation: 2022 LiveLaw (Cal) 253

Click Here To Read/Download Order