Inability to pay victim compensation, a sorry state of affairs: HC
The Hindu
Directs West Bengal government to file a report within six weeks
The Calcutta High Court has described the inability of the State Legal Services Authority (SLSA) and West Bengal government to pay victim compensation as a sorry state of affairs which cannot be permitted to continue for an indefinite period of time.
A survivor of human trafficking who was awarded a compensation of ₹1.5 lakh in December 2019 had approached the Court of Justice Moushumi Bhattacharya for disbursement of funds. The Court directed the SLSA, the State Government Member Secretary and Finance Department, Government of West Bengal, to file a report within six weeks from the date on the steps proposed to be taken for ensuring that adequate funds were made available. Justice Bhattacharya, in the order dated June 20, said the report must indicate the funds that are proposed to be allotted to the SLSA.
“This court has noted in other matters of similar nature that the SLSA has not been provided with the funds for disbursement towards victim compensation. In a similar matter of 2021, SLSA has submitted before this court that it had funds only of an amount of Rs. 5,000/- and was hence not in a position to disburse victim compensation. This is a sorry state of affairs, to say the least,” the order said. “This state of affairs cannot surely be permitted to continue for an indefinite period of time… The State or the SLSA cannot take the position that it does not have funds to compensate the victims.”
The Court pointed out that 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 Code of Criminal Procedure as well as the notification published by the State in 2017 make 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 “Victim Compensation Fund” for those who need rehabilitation, the order noted.
Activists and survivors have welcomed the Calcutta High Court order.
“There are a number of survivors of trafficking in the State who have been awarded victim compensations, but the money has not yet been handed over to them since SLSA does not have sufficient funds for that. In August 2019, a group of 27 survivors belonging to North and South 24 Parganas districts had also written to Chief Minister Mamata Banerjee to help expedite the process,” a press statement from Tafteesh said.
Tafteesh is a platform for researchers, lawyers, psychologists, journalists and survivors who work against human trafficking from across India.
“Writing, in general, is a very solitary process,” says Yauvanika Chopra, Associate Director at The New India Foundation (NIF), which, earlier this year, announced the 12th edition of its NIF Book Fellowships for research and scholarship about Indian history after Independence. While authors, in general, are built for it, it can still get very lonely, says Chopra, pointing out that the fellowship’s community support is as valuable as the monetary benefits it offers. “There is a solid community of NIF fellows, trustees, language experts, jury members, all of whom are incredibly competent,” she says. “They really help make authors feel supported from manuscript to publication, so you never feel like you’re struggling through isolation.”
Several principals of government and private schools in Delhi on Tuesday said the Directorate of Education (DoE) circular from a day earlier, directing schools to conduct classes in ‘hybrid’ mode, had caused confusion regarding day-to-day operations as they did not know how many students would return to school from Wednesday and how would teachers instruct in two modes — online and in person — at once. The DoE circular on Monday had also stated that the option to “exercise online mode of education, wherever available, shall vest with the students and their guardians”. Several schoolteachers also expressed confusion regarding the DoE order. A government schoolteacher said he was unsure of how to cope with the resumption of physical classes, given that the order directing government offices to ensure that 50% of the employees work from home is still in place. On Monday, the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (CAQM) had, on the orders of the Supreme Court, directed schools in Delhi-NCR to shift classes to the hybrid mode, following which the DoE had issued the circular. The court had urged the Centre’s pollution watchdog to consider restarting physical classes due to many students missing out on the mid-day meals and lacking the necessary means to attend classes online. The CAQM had, on November 20, asked schools in Delhi-NCR to shift to the online mode of teaching.