LG VK Saxena approves amendments in Delhi Victim Compensation Scheme 2018
New Delhi: Delhi LG VK Saxena has approved amendments to the Delhi Victim Compensation Scheme 2018, which will provide for compensation to victims of mob violence and lynching. The proposal was submitted by the Delhi government after a delay of five years as the Supreme Court in 2018 had directed state governments to prepare such a plan within a month.
As per the amendment in the scheme, the definition of ‘victim’ has been amended to include the guardian or legal heir of a person who has suffered loss, injury or death as a result of the crime including mob violence and mob lynching. Interim relief will be paid to the next of kin of the victim or deceased within 30 days of the incident.
The apex court had on July 17, 2018, in the case of Tehseen Poonawala vs. Union of India and Others, directed that state governments shall formulate a lynching/mob violence compensation scheme in the light of the provisions of Section 357A of the CrPC. Month of judgment.
The judgment provided guidelines that in the scheme of calculating compensation, State Governments shall give due consideration to the nature of loss of earnings and legal expenses, including physical injury, psychological injury and loss of employment and education opportunities. , medical and other sufferings due to mob lynching/mob violence.
The Delhi Victims Compensation Scheme, 2018 was notified with the approval of the then LG through notification dated June 27, 2019, but the issue of compensation for lynching and mob violence was not included in it.
Meanwhile, the Assistant Registrar of the Supreme Court vide his letter dated April 29, 2023 sent a copy of the directions of the Apex Court in the case titled “Indian Muslims for Progress and Reforms vs. Union” in WP(C) No. 428/2023 . ‘India and Others’, in which the Court directed the states to take action in Tehseen S. It was directed to file its respective affidavits in respect of implementation of its directions issued in WP(C) No. 754/2016 titled Poonawala vs. Union of India and Others.
It was submitted before the apex court that while some states have prepared a plan, many states have not done so till date.
As per the suggestions of the Law Department, GNCTD, the draft notification was promulgated to amend the definition of ‘victim’ and clause 2(k) of Rule 13.
As amended accordingly:
(1) In clause 2(k), the definition of “victim” shall read as follows –
“Victim” includes a person who has suffered loss or injury as a result of an offense including mob violence and mob lynching and in case of his death, the term ‘victim’ means his guardian or legal heir.
Provided that the victim of mob violence/mob lynching eligible for compensation shall be a person who has been declared a victim of mob violence/mob lynching by a court or investigating agency.
(2) In rule 13, the following is inserted: – Provided that in case of mob violence or mob lynching, interim relief including interim compensation to the victim shall be provided within 30 days from the date and extent of the offence. The interim compensation of Rs 50,000 will not be applicable to the cases of such victims, but the upper limit of compensation provided under the Schedule of the Scheme will continue to apply.”
