The Calcutta High Court has rebuked the West Bengal for not providing SLSA with funds for disbursement towards victim compensation.
The single-judge bench of Justice Moushumi Bhattacharya called it a 'sorry state of affairs' that West Bengal Victim Compensation Scheme, 2017 has not been regarded by the Government.
In the writ petition when the counsel appearing for the SLSA submitted that it presently does not have any fund at its disposal and was therefore unable to pay the amount Rs.1,50,000/- to the petitioner, the Court was dismayed.
It remarked that Section 357A CrPC is a special provision for Victim Compensation Scheme which makes it 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.
Under Section 357A(2), it 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.
The West Bengal Victim Compensation Scheme, 2017 as notified on 15th February, 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.
Discussing the West Bengal Victim Compensation Scheme, 2017, the Court enlisted State's responsibilities.
"The West Bengal Victim Compensation Scheme, 2017 as notified on 15th February, 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. Clause 3 also 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."
The Court mentioned that SLSA failed to fulfill its obligations in other matters as well due to State's lethargy.
Commenting that this sorry state of affairs cannot be permitted to continue for an indefinite period of time as 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 Court ruled that State or the SLSA cannot take the position that it does not have funds to compensate the victims.
"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."
In view of the above, the Court directed SLSA, the State Government Member Secretary and Finance Department, Government of West Bengal to file a report within six weeks detailing steps which are proposed to be taken for ensuring that adequate amount of funds reach the State Legal Services Authority within six weeks.
The prayer of the petitioner for immediate disbursement of Rs.1,50,000/- was declined in view of the practical compulsions.
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments