I am writing in response to the articles published in MG and at other places that most of the riots victims of Muzaffarnagar riots have not been compensated by the State Government and the Central Government.
If there is one thing that any individual must learn from the system of Governance in India is that you are not likely to get anything unless one asserts onself and asks for the same. It is more apt for the legal system which is designed to reward only those who approach the courts of law, and not those who do not. Unfortunately, the law expects assumes that both rich and the impecunious would equally approach the courts of law for seeking redress of their grievance. It is at this juncture that the victims of Muzaffarnagar riots (irrespective of religion) falter.
Supreme Court directions
In Mohd. Haroon’s case, the Supreme Court had abstained from directing a CBI inquiry into the riots after repeated assurances by the Government of Uttar Pradesh, and on the promises of rehabilition, investigation, protection and compensation offered to the victims. It would be proper to approach the Supreme Court seeking SIT, if there is sufficient evidence to establish that State Government has thus far failed in its duty. However, this article is confined to the issue of compensation and the possible way forward. Amongst other aspects, the following excerpt from the judgment are relevant:
- Compensation to be paid by the State Government
Supreme Court has recorded the decision of the State Government on the issue of compensation in the following words:
“49. According to Letter No. 1027k/chh-sa.ni.pr.-13/15(14)2013 dated 10-9-2013 and Government Order No. F.A.-2-367/Ten-92-100(30)D/92-Home Police, Section-12 dated 21-12-1992, financial assistance to the families of deceased and injured persons is to be given at the following rates:
| In case of death | Rs 10,00,000 per death |
| In case of serious injury | Rs 50,000 per person |
| In case of simple injury | Rs 20,000 per person |
- Compensation to be paid by the Government of India:
The Government of India’s stand in the issue of compensation has been explained by the Supreme Court in the following words:
“56. The Government of India has also sanctioned ex gratia relief from the Prime Minister’s Relief Fund at the rate of Rs 2 lakhs per family for the dependants or legal heirs of the deceased and at the rate of Rs 50,000 for the seriously injured persons…”
(c) Additional Compensation to be paid by the State Government as represented to the Hon’ble Supreme Court by the State Government:
“71. It is brought to our notice that by G.O. dated 18-2-2014 issued by the Home Secretary, Government of U.P., it has been decided that the State Government would provide further compensation of Rs 3 lakhs in addition to the compensation already provided to the relatives of the deceased and a compensation of Rs 2 lakhs to the parents of the “deceased children below 5 years of age who died in the relief camps.”
In view of the above, the Supreme Court has noted while concluding that:
““128.2. The State is directed to identify the left out injured persons (simple/grievous), next kin of the deceased who died in the communal violence and settle the compensation agreed to before this Court (Rs 10,00,000 + Rs 3,00,000 + Rs 2,00,000 = Total Rs 15,00,000). It is also directed to settle compensation for the damages caused to movable/immovable properties of the person concerned due to the violence if they have not already received the same. Any of the victims referred above such as rape victims and the family members of the deceased who died in the violence, if they have not received any amount so far, they are permitted to make proper application to the local/district authority concerned within a period of one month from today. If any such application is made, the authorities concerned are directed to verify and after satisfaction settle the eligible amounts within a period of one month thereafter. The District Administration is also directed to implement Rani Lakshmibai Pension Yojana to eligible persons and consider the case of persons who were left out or who have not made any such application till this date. Any of the victims, if need arise, may also approach the District Legal Services Authority and the DLSAs are directed to provide necessary help to the victims in the light of various directions referred above.”
Provision for Employment
The State Government even went to the extent of offering employment to the victims, without regard to their religion. The decision of the State Government is captured in the following paragraph from the judgment:
“58. The State Government decided to give employment to one member of the family of the deceased persons according to his or her qualification. Total 58 persons belonging to 6 districts died in the incidents on or after 7-9-2013 and 5 persons died in the incidents that had taken place before that. A proposal was made for employment of dependents of 61 persons killed in the incidents, as 2 dead bodies remained unidentified. 2 persons had died from the same family and one person killed was a government employee and his dependent will be considered as per “Dying in Harness” Rules. Thus, the proposal was sanctioned by the Government for remaining 59 persons and all of them have been given employment.”
The way forward
To my knowledge, in the two cases that reached the Supreme Court after the demand for compensation was not heard by the State Government, the Supreme Court has directed the parties to approach the High Court seeking redressal of their grievance. While it cannot be denied that denial of agreed compensation to the victims is a grave legal and moral wrong, it is time that persons affected by the riots move the District Magistrate of the concerned District and the administrator of PM relief fund by way of an application seek compensation as per the admitted scheme approved by the Supreme Court. One road block is that the missing persons whose bodies have not been found have not been declared dead – but in such cases, a suit could be filed before the local courts seeking declaration that such person has died.
Since the law expects poor as well to assert their right, the community (especially that of lawyers) must stand up to the cause. If the State Government and the Union Government does not respond, they must approach the High Court. Perhaps NGOs and advocates in Muzzaffarnagar could take the matter forward.
