Deciding Authority: Supreme Court
Year: 2014
Facts:
The petitions presented here in are a result of the communal riots that erupted in Muzzafarnagar and its adjoining rural areas organised by the Jat community. The petitioners claimed that the local administrationĀ instead of enforcing the law allowed the congregation not only to take place, negligently and perhaps with certain amount of complicity, but also failed to monitor its proceedings. It is asserted in the petitions that since 27.08.2013 more than 200 Muslims have been brutally killed and around 500 are still missing in the spurt of the incident in 50 villages of the Jat community dominated areas where the Muslim community is in minority. As an effect of these riots, in the remote villages more than 40,000 persons have migrated under threat and have been forcibly asked to move out of the village otherwise they would be killed. It is further alleged that many thousand persons including infants, children, women and elderly are without food and shelter in various villages, and no facilities are being made available by the administration. Besides this, huge illegal and unauthorized arms and ammunitions have been recovered in and around Muzaffarnagar. It is also pointed out that the displaced persons of all communities are compelled to live in shelter camps where adequate arrangements are becoming the problem of survival.
A catena of writ petitions were filed in relation to rape cases, murder cases, rehabilitative and provision of financial services etc. The judgment was given as a way of giving directions into solving all these varied problems
Judgment:
Victim Compensation in Rape Cases:
As a long term measure to curb such crimes, a large societal change is required via education and awareness. The Government will have to formulate and implement policies in order to uplift the socio-economic conditions of women, sensitization of police and other concerned parties towards the need for gender equality and it must be done with focus in areas where statistically there is higher percentage of crimes against women. Ā In 2009, a new Section 357A was introduced in the Code which casts a responsibility on the State Governments to formulate Schemes for compensation to the victims of crime in coordination with the Central Government whereas, previously, Section 357 ruled the field which was not mandatory in nature and only the offender can be directed to pay compensation to the victim under this Section. Under the new Section 357A, the onus is put on the District Legal Service Authority or State Legal Service Authority to determine the quantum of compensation in each case. However, no rigid formula can be evolved as to have a uniform amount, it should vary in facts and circumstances of each case. Nevertheless, the obligation of the State does not extinguish on payment of compensation, rehabilitation of victim is also of paramount importance. The mental trauma that the victim suffers due to the commission of such heinous crime, rehabilitation becomes a must in each and every case.Considering the facts and circumstances of these cases, we are of the view that the victims in the given case should be paid a compensation of Rs. 5 lakhs each for rehabilitation by the State Government. We, accordingly, direct the State Government to make payment of Rs. 5 lakhs, in addition to various other benefits, within 4 weeks from today. Further, we also wish to clarify that, according to Section 357B, the compensation payable by the State Government under Section 357A shall be in addition to the payment of fine to the victim under Section 326A or Section 376D of the Indian Penal Code.
Directions regarding other offences including murder:
1) Sincere efforts shall be made to apprehend all the accused irrespective of political affiliation and produce them before the appropriate court.
2) The particulars furnished by the State in respect of criminal action taken against political persons shall be continued by placing acceptable materials before the court concerned.
3) The reason given by the State Police that whenever efforts were made to arrest the persons involved, women folk of their village form a human chain and block the police in execution of their work is unacceptable and untenable. If there is reliable material against a person irrespective of the community or religion, the police have to take sincere efforts in arresting those persons and produce them before the court concerned. There shall not be any let up and upon failure on the part of the police, action will be taken against the officers concerned. The victims or aggrieved persons are free to move such application before the jurisdictional court.
4) In respect of recovery of AK-47, 9 mm cartridges in village Kirthal, the police have to identify the persons concerned and proceed against them under the provisions of Indian Penal Code and Arms Act.
5) In respect of Case Crime No. 148/2013, P.S. Fugana, Case Crime No. 403/2013, 404/2013 P.S. Jansath, more efforts must be taken for apprehending all the genuine accused and to produce them before the court for further action.
6) The investigating authorities should eschew communal bias and proceed against all the offenders irrespective of their caste, community and religion.
7) In the case of murders, the police must take sincere efforts to identify and arrest the real culprits within a time-bound manner preferably within a period of two months and report the same before the jurisdictional court concerned.
8) In heinous crimes, including murder cases, if any of the real accused was granted bail, as assured before this Court, the District Administration has to take effective steps for cancellation of their bail in appropriate cases.
9) As assured before this Court, the persons concerned in the higher level to follow the letters issued to various government counsel/police officers/I.O. for apprehending the real accused and re-arresting the released persons by getting appropriate orders from the court concerned.
10) The authorities concerned should continue to take effective steps to locate the missing persons.
Financial Assistance/Rehabilitation measures:
1) Children who died in the violence as well as in the camps due to cold weather conditions shall be compensated to their parents as that of others.
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.
3) For any reason, after receipt of Rs. 5 lakhs those who want to settle to other places than the place of occurrence after change of mind and in order to join their relatives and friends in the village/place where they lived at the time of violence, are permitted to resettle, in that event, the State is directed not to recover the amount already paid. However, the State is free to ascertain the genuineness of those persons concerned in their effort to resettle in the same place. The District Administration has to make all endeavours for their peaceful return to the same place in order to continue the same avocation along with their relatives and friends.
4) The officers who have grievance about their transfer on vindictive ground from the district concerned to far away places are free to make a representation to the competent authority within a period of one month from today. If any such representation is made and if the same is acceptable, the competent authority is directed to take a fresh decision.
5) Adequate compensation should be paid to the farmers who lost their source of livelihood, namely, tractors, cattle’s, sugarcane crops etc. In this category, the farmers who were yet to get compensation for the same are permitted to make a representation within one month from today supported by materials to the local/district administration. If any such representation is made, the same shall be considered and disposed off within a period of one month thereafter.
Decision:
The decision was made in favour of the petitioners giving a reassurance of dealing with any future problems arising because of the incident.