Supreme Court Issues Notice On PIL Seeking Compensation Scheme For Victims Of Lynching And Mob Violence

A Bench comprising Justice KM Joseph and Justice BV Nagarathna directed the State Governments, the Union Territories and the Union Government to file their counter affidavit with respect to the implementation of the directions issued in Poonawalla and the manner in which the implementation has been done. The Bench directed the affidavits to be filed within a period of 8 weeks from the date of service of the notice.

Apart from seeking to implement the direction issued by the Apex Court in Tehseen Poonawalla, it prays for a uniform policy for grant of ex gratia compensation to the victims of hate crimes/mob-lynching.

Advocate, Mr. Javed Shaikh appearing for Indian Muslim for Progress And Reforms submitted that the Teehseen Poonawalla judgment which was passed by the Apex Court in 2018 required the State Governments to prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC within one month from the date of this judgment. He pointed out that apart from 4-5 States, no other State Governments have complied with the said direction. Moreover, the Bench was apprised that the ones that have framed the compensation scheme, there exists disparity in compensation amount and also in the appeal mechanism.

“We have come across 4 schemes and all are at disparity. In Rajasthan, in case of death by mob lynching, Rs. 5 lakhs is the highest that can be paid…Odisha scheme says Rs. 5-10 lakhs may be paid, Bihar Rs. 3 lakhs is highest. Huge disparity in application also. In Tripura and Haryana if the claim is rejected by the District Legal Aid Committee then there could be appeal to the State Legal Aid Committee. In some states appeal is provided in others it is not. Other than these 4-5 State no other state seems to have framed the scheme”, submitted Mr. Shaikh.

Justice Nagarathna enquired that compensation scheme being on to be formulated by the State Government can the Apex Court thrust upon the States that uniformity be maintained.

Mr. Shaikh responded that the States have not been granted unguided discretion to frame the scheme. They are bound by the parameters laid down by the Apex Court in the Tehseen Poonawalla judgment -

“The State Governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC within one month from the date of this judgment. In the said 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 and medical expenses. The said compensation scheme must also have a provision for interim relief to be paid to the victim(s) or to the next of kin of the deceased within a period of thirty days of the incident of mob violence/lynching.”

Mr. Shaikh beseeched the Bench to consider that there ought to be uniformity, at least, in granting of ex-gratia compensation and to ensure that the States frame the schemes under Section 357A as had been directed by the Apex Court in 2018.

[Case Title: Indian Muslim for Progress And Reforms (IMPAR) v. UoI And Ors. WP(C) No. 428/2023]