Justice Subramonium Prasad of the Delhi High Court recently considered a plea presented by a victim of the 2020 Delhi riots. The petitioner sought a grant of Rs.3 lakhs, adjusted under the "Delhi Government’s Assistance Scheme for the Help of Riot Victims." The petitioner, identified as a victim of the communal riots in North-east Delhi in February 2020, asserted that a gunshot sustained during the riots resulted in permanent locomotor disability.
According to the petitioner, the government's compensation scheme for riot victims entitled individuals with permanent incapacitation to ex-gratia compensation of Rs.5 lakhs. Of this amount, the petitioner had already received Rs.2 lakhs and claimed the remaining sum. Supporting the claim, the petitioner referenced a disability certificate issued by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, Government of India.
A status report from the respondents acknowledged a direct correlation between the petitioner's permanent incapacitation and the injury sustained during the North-east Delhi Riots, as per the Medical Board's assessment. However, due to the claim application being filed beyond the prescribed period, the court directed necessary action for the release of enhanced ex-gratia compensation.
The court noted that the only obstacle to granting compensation was the belated filing of the petitioner's application. In the exercise of powers under Article 226 of the Constitution of India, the court expressed a willingness to relax the filing date and directed the respondents to consider the application within a period of six weeks.
The petitioner's plea was rooted in the aftermath of the 2020 Delhi riots, a period of widespread communal violence in North-east Delhi. Allegedly a victim of this unrest, the petitioner suffered a gunshot injury leading to permanent locomotor disability. Seeking relief under the Delhi Government's Assistance Scheme for Riot Victims, the petitioner aimed to secure the entitled compensation for permanent incapacitation.
The compensation scheme, formulated by the government, recognized the severity of permanent incapacitation resulting from the riots and outlined ex-gratia compensation of Rs.5 lakhs for eligible individuals. In this context, the petitioner had already received a partial payment of Rs.2 lakhs and was pursuing the outstanding amount through legal channels.
Crucially, the petitioner substantiated their claim with a disability certificate issued by the Department of Empowerment of Persons with Disabilities. This official document, issued by the Ministry of Social Justice & Empowerment, Government of India, provided supporting evidence for the petitioner's permanent locomotor disability resulting from the riots.
The court's intervention became necessary due to the procedural aspect of the case – the belated filing of the petitioner's claim application. While acknowledging the merit of the claim and the established link between the petitioner's incapacitation and the documented injury, the court directed the respondents to consider the application despite the procedural delay.
In an exercise of constitutional powers, the court opted to relax the filing date, prioritizing the substance of the claim over procedural timelines. The six-week timeframe specified for the consideration of the application reflected the court's commitment to ensuring justice for the petitioner within reasonable bounds.
In conclusion, the court's directive in this case highlights the delicate balance between adhering to procedural norms and delivering substantive justice, especially in situations where victims seek redress for the lasting consequences of communal violence.
TAGS: North-east Delhi Gunshot injury Locomotor disability Ex-gratia compensation Government scheme Disability certificate
