Compensation to the victims of crime,

especially to the impoverished in

COMMUNAL VIOLENCE OR CIVIL

DISTURBANCES
I. Introduction:
Criminal Law has always discouraged the acts or omissions
which in general can affect right in rem and violators have
always been punished with strict sanctions but the crime rate is
not falling and State is in regular quest to preserve social
solidarity and peace in society. The initial focus of
criminologists were only on the aspect of punishment but the
focus started shifting when they encountered with the fact that
the person who is victim of crime is getting nothing out of the
whole process of criminal justice system or is getting a so
called satisfaction by seeing the offender punished. Therefore
jurists, penologist etc in all countries started giving their full
attention to the cause of victim in form of compensation and
hence the whole debate started about ways, means and extent
of compensation. This paper is an addition to the same as it
tries to look in to the position of compensation to victim of
crime in Indian Legal frame Work.
II. Meaning of Victim of Crime and Compensation to
Victim of Crime:
Indian legislature has not bothered to define "Victim of Crime"
under any law and probably the Indian Judiciary is also on the
same footing. The etymological meaning of phrase suggests
that it would mean or will encompass:
Anyone suffering physical, emotional or financial harm as a
direct result of a Crime.
Spouses and children of the person who has suffered.
Parents, foster parents, siblings, guardians or other
IV. SEMESTER PROJECT- LAW AND POVERTYPage 1

custodians of minor victims, mentally or physically

incapacitated victims, or victims of homicide.
In this regard reliance can be placed upon United Nations
General Assembly Declaration of Basic Principles of Justice for
Victim and Abuse of Power adopted in November 1985, which
through Article 1&2 gives exhaustive definition of the phrase:
Article1. "Victims" means persons who, individually or
collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial
impairment of their fundamental rights, through acts or
omissions that are in violation of criminal laws operative within
Member States, including those laws proscribing criminal abuse
of power.
Article2. A person may be considered a victim, under this
Declaration, regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted and regardless of the
familial relationship between the perpetrator and the victim.
The term "victim" also includes, where appropriate, the
immediate family or dependants of the direct victim and
persons who have suffered harm in intervening to assist victims
in distress or to prevent victimization.
Therefore the combine effect of these Articles probably
encompasses every thing under the sun that ought to have
been the part of definition of the phrase.
The word compensation in literal sense men's a thing that
compensates or is given to compensate (for); a
counterbalancing feature or factor; amends, recompense; spec.
money given to compensate loss or injury, or for requisitioned
property. When we talk about Compensation to the victims it
means something given in recompense i.e. equivalent rendered
. It is to be noted that the whole purpose of compensation is to
make good the loss sustain by the victim or legal
representative of the deceased. Generally when we talk about
IV. SEMESTER PROJECT- LAW AND POVERTYPage 2

compensation in the present context it only limits it self to

monetary compensation which is calculated on the basis of two
head i.e. pecuniary loss and non-pecuniary loss.
III. Evolution of Concept of Compensation to Victim of
Crime :
The evolution of the concept can be traced both historically
and theoretically. Historically the concept of victimology in
crude sense was not only part of Hammurabi's code but also
existed in developed sense in ancient Greek city-states. The
concept of compensation was also not new to India and existed
in more developed sense then the present. Manu in Chapter
VIII, verse 287 clearly says that :
If limb is injured, a wound is caused or blood flows, the
assailant shall be made to pay the expense of the cure or the
whole.
He further in verse 288 says that : He who damages the goods
of another, be it intentionally or unintentionally, shall give to
the owner a kind of fine equal to damage.
The quotes regarding the same can be found even in the works
of Brihaspati . This is in brief the law relating to compensation
to the victim of crime that even existed in ancient civilization of
east as well as west. As far as tracing of gradual evolution of
the concept is concern the whole era till mid of 1900 can be
generally divided in to three parts. In initial year of human
civilization when the human started living together especially
after stone Age, because of absence of rule of law and
authoritative political institution, right to punish or rather might
to punish (in from of eye for eye or money) was with the
individual and hence in crude sense the concept of
compensation existed at that time even but line of caution that
need to be bear in mind is the fact that
in primitive society criminal victim relationship was based on
brutal mentality of attack being the best defense. Then came
the era in which the social control in terms of mechanical
solidarity creped in the society and the offence against an
IV. SEMESTER PROJECT- LAW AND POVERTYPage 3

individual lost its individualistic character and now the offence

was considered to be against the tribe or clan to which
individual belongs and from this era, due to advent of concept
of collective responsibility clan or tribe started replacing the
victim's right. The third stage started with the advent of strong
monarch after medieval period. In this stage on one hand
criminal law saw far reaching change in all its discipline but on
other the hand position of victim right to compensation
remained unheard due to advent of more strong institution
named state and crystallization of a notion that King/ State is
parent of his subjects and Crime is breach of peace of King or
State. So it was King/State who had the right to punish and get
monetary compensation. This position remained as it is even
with advent of democracy and the cause of victim remained
unnoticed until 1950 and after that a movement stared in U.S.
and European countries and the concept again got prominence.
Theoretically radical criminologist championed the idea of
cause of victim, which was result of reaction against the then
criminological thinking that was only concern with criminals
and not the victims .
VI. Indian Legal Frame Work:
The Indian position regarding compensation to victim of crime
can be studied under two heads or rather must be studied
under two head in order to get complete picture.
(i). Legislative Frame Work:
The legislative framework in Indian regarding compensation to
victim of crime can be trace through two major legislations i.e.
Code of Criminal Procedure, 1973 and Probations of
Offenders Act and Constitution of India. Under the
provisions of code of criminal Procedure the power to award
compensation is vested under section 357 . The plain reading
of the section shows that sub-section (1) and (3) vests power
on the trail court to award compensation and sub-section (4)
gives power even to appellant or revision court to order for
compensation. Sub section (1) empowers the courts to
IV. SEMESTER PROJECT- LAW AND POVERTYPage 4

appropriate the whole or any portion of fine recovered for the

purpose mentioned in the clauses to the sub section, under
which Clause (b) is most important and of our use . It demands
that claim of compensation must be accompanied by following
conditions :
1. Loss or injury suffered
2. Loss or injury must be caused by the offence
3. Such person can recover the compensation in a civil court
Sub section (3) empowers the court, in its discretion, to order
the accuse to pay compensation even though fine does not
form part of compensation and hence although inserted in
1973 added new positive dimension to Indian philosophy of
compensation.
Probation of Offenders Act vide its section 5 empowers the trail
court to order for compensation. The plain reading of this
section clearly shows that the power in case of this Act vests
only with the trail court and non-else . The whole discussion
about legislative framework is incomplete until Section 431 and
421 of Cr.P.C. is read with above two substantive sections.
Section 421 provides for means to recover the fine by
attachment and sale of movable property of the offender and
also from both movable and immovable as arrears of land
revenue . Section 431 empowers the courts to recover any
money (other than fine) payable by virtue of any order made
under as if it were fine if method for its recovery is not
expressly provided . As far as the Constitutional scheme is
concern it is to be noted that it is out come of various decision
of Supreme Court of India either by reading Part third rights (in
some cases part four as well) with Art. 32, 136 and 142 of
Constitution of India , which is to be given either by the state or
accuse.
Hence the whole gamete of legislative framework about
compensation can be summarized in following way:
Compensation from State, which is out come of Judicial
Imposition or some times, even ex-gratia under Constitution of
IV. SEMESTER PROJECT- LAW AND POVERTYPage 5

India.
Compensation from an offender which is out come either as a
part of fine or allocation of specific sum to victim either under
Cr.P.C. or Constitution of India.
(ii). Judicial Response:
Their exist plethora of cases where the compensation has been
awarded by the Supreme Court to the victims of the crime
which not only present the heart full moments but also exposed
the sorry state of affairs that has been prevalent in the lower
courts even some times High Courts.
It is better to examine cases under two heads i.e. (i) under
Cr.P.C. and P.O.A. and (ii) under Indian Constitution in order to
appreciate the judicial standpoint on this issue.
(a) Under Cr.P.C. or P.O.A.:
The first case in the line, which attracted the mind of the court
came way back in 1952 where the Hon'ble connected general
principle of sentencing i.e. while passing a sentence the court
must bear in mind the proposnality between offence and
penalty with granting of compensation and observed that while
imposing the fine court must consider gravity of offence and
the pecuniary condition of the offender. Then came the case
of Prabhu Prasad Sha v State of Bihar1 where the Hon'ble
not only uphold the conviction of 15 years old boy (actually at
the time of commission of crime the accuse was of 15 Yrs) but
also observed that although requirements of social justice
demands the imposition of heavy fine but taking in to
consideration the condition of the accuse awarded fine of Rs
3000 to be paid by him to the children of the deceased. In
another case of Palaniappa Gounder v Sate of Tamil
Nadu Supreme Court following the same view as of earlier not
only reduced the amount of fine imposed by the High Court
from Rs 20,000 to Rs 3,000 but also observed that :

1 AIR 1977 SC 704

IV. SEMESTER PROJECT- LAW AND POVERTYPage 6

It appears to us that the High Court first considered what

compensation ought to be awarded to the heirs of the
deceased and then imposed by way of fine an amount which
was higher than the compensation because the compensation
has to come out of the amount of fine. Apart from the fact that
even the compensation was not fixed on any reliable data, the
High Court, with respect, put the cart before the horse in
leaving the propriety of fine to depend upon the amount of
compensation. The first concern of the Court, after recording an
order of conviction, ought to be a determine the proper
sentence to pass. The sentence must be proportionate to the
nature of the offence and the sentence, including the sentence
of fine, must be unduly excessive.
Next in the is land mark case of Sarwan Sing v State of
Punjab2 where supreme court not only retreated it's
pr704evious stand point but also laid down, in exhaustive
manner, that what all should be taken in to account while
imposing fine or compensation. The Hon'ble Court Observed
that :
The object of the section therefore, is to provide compensation
payable to the persons who are entitled to recover damage
from the person sentenced even though fine does not form part
of the sentence. Though Section 545 enabled the court only to
pay compensation out of the fine that would be imposed under
the law, by Section 357(3) when a Court imposes a sentence, of
which find does not form a part, the Court may direct the
accused to pay compensation. In awarding compensation it is
necessary for the court to decide whether the case is a fit one
in which compensation has to be awarded. If it is found that
compensation should be paid, then the capacity of the accused
to pay compensation has to be determined. In directing
compensation, the object is to collect the fine and pay it to the
person who has suffered the loss. The purpose will not be
served if the accused is not able to pay the fine or
2 AIR 1957 637 SCR 953
IV. SEMESTER PROJECT- LAW AND POVERTYPage 7

compensation for, imposing a default sentence for nonpayment of fine would not achieve the object. If the accused is
in position to pay the compensation to the injured or his
dependents to which they are entitled to, there could be no
reason for the court not directing such compensation. When a
person, who caused injury due to negligence or is made
vicariously liable is bound to pay compensation it is only
appropriate to direct payment by the accused who is guilty of
causing an injury with the necessary mens rea to pay
compensation for the person who has suffered injury. And also :
It is the duty of the court to take into account the nature of the
crime, the injury suffered, the justness of the claim for
compensation, the capacity of the accused to pay and other
relevant circumstances in fixing the amount of fine or
compensation. After consideration of all the facts of the case,
we feel that in addition to the sentence of 5 years' rigorous
imprisonment, a fine of Rs. 3500 on each of the accused under
Section 304(1), I.P.C. should be imposed.
The next important case is of Bhuperndar Singh v State of
M.P.3 which was out come of quarrel between college students
where the Hon'ble Court although allowed the compounding of
offence but did not forget the cause of victim and granted the
compensation of Rs 3000.
The Case of Harikishan and State of Haryana v Sukhbir
Singh4 and others is the second most important case after
Sarwan Singh where court repeated its firm understanding
once again in following words :
The payment by way of compensation must, however, be
reasonable. What is reasonable, may depend upon the facts
and circumstances of each case. The quantum of compensation
may be determined by taking into account the nature of crime,
3 AIR 2011
4 AIR 1988 SC 1217
IV. SEMESTER PROJECT- LAW AND POVERTYPage 8

the justness of claim by the victim and the ability of accused to

pay. If there are more than one accused they may be asked to
pay in equal terms unless their capacity to pay varies
considerably. The payment may also vary depending upon the
acts of each accused. Reasonable period for payment of
compensation, if necessary by instalments, may also be given.
The court may enforce the order by imposing sentence in
default.
In the case of Balraj Singh v State of U.P.5 stated the same
point as discussed above but in most appropriate word by
saying that the power to a award compensation is not ancillary
to the other sentence but in addition thereto.
(b) Under Indian Constitution:
The principle of payment of compensation to the victim of
crime was evolved by Hon'ble S.C. on the ground that it is duty
of the welfare state to protect the fundamental rights of the
citizens not only against the actions of its agencies but is also
responsible for hardships on the victims on the grounds of
humanitarianism and obligation of social welfare, duty to
protect it's subject, equitable Justice etc . It is to be noted that
compensation by the State for the action of it's official was
evolved by the Hon'ble Court against the doctrine of English
law: "King can do no Wrong" and clearly sated in the case
of Nilabati Behra v State of Orissa6 that doctrine of
sovereign immunity is only applicable in the case of tortuous
act of government servant and not where there is violation of
fundamental rights and hence in a way stated that in criminal
matters (of course if there is violation of fundamental rights)
this doctrine is not applicable.
Rudal Sah v State of Bihar7 is the most celebrated case
where the Hon'ble S.C. directed the state to pay compensation
5 AIR 1994
6 AIR 1993 SC 1960
IV. SEMESTER PROJECT- LAW AND POVERTYPage 9

of Rs 35,000 to Rudal Sah who was kept in jail for 14 years

even after his acquittal on the ground of insanity and held that
it is violation of Article 21 done by the State of Bihar. The case
of Bhim Singh v State of J&K8 is another important case
where Bhim Singh an MLA was arrested by the police only to
prevent him to attended the Legislative Assembly, the Hon'ble
Court not only entertained the writ petition of his wife but also
awarded the compensation of Rs 50,000 to be paid by the
state. The case of Meja Singh v SHO Police Station Zira9 is
another unfortunate case where this time High Court of P&H
took the cause of victim and awarded the compensation of Rs
25,000 for illegal detention of son of the petitioner. This time it
was High Court Bombay, which took the cause of the victim in
the case of Ravikant Patil v DG Police, State of
Maharastra10 where the petitioner was taken handcuffed to
court in clear violation of Judgment of Hon'ble S.C., that is law,
as decided in the case of Prem Shanker Shukla v Delhi
Administration11 . Custodial Death is another burning issue
where the courts have awarded compensation to the victims of
crime and the most important case under this heading is
of Mrs. Cardino v UOI12 where although the accuse was
arrested on the charge of misappropriation of some plastic
ware and hospital; utensils worth Rs1500 but tortured like hard
core criminal and hence he succumbed to the torture. Here
when the matter was brought before the Hon'ble High Court of
Bombay which gave the compensation of Rs 2,00,000 to be
7 AIR 1983 SC 1086
8 AIR 1986 SC 494
9 AIR 1991 ACJ 439
10 1990 ACJ 1060
11 AIR 1980 SC 1535
12 1990 ACJ P. 804
IV. SEMESTER PROJECT- LAW AND POVERTYPage 10

paid by the state. In the case of Nilabati Behra v State of

Orissa13 where the son of petitioner was arrested by the
police and next morning his body was found laying down with
several injuries on the railway track, the Hon'ble S.C. awarded
the compensation of Rs 1,50,000 that is to be paid by the
State. On the issue of brutal use of force and misuse of
authority by the police out side the police station case
of SAHELI v Commissioner of Police14 is land mark where
the son of Kamlesh Kumari died due to ill treatment by a S.I. of
Delhi Police, the Hon'ble S.C. directed the Delhi Adm. to pay the
compensation of Rs 75,000. The next important case is
of Gudalure Cherian v UOI15 where Hon'ble S.C. following an
innovative approach first directed the whole matter to be
investigated by the CBI afresh and completion of investigation
directed the Govt. of U.P. to first suspend the police officials
and medical officers who tried to save the accuse but also
directed the state to pay compensation of Rs 2,50,000 to the
victim of rape and Rs 1,00,000 to victim of other crime. The
next in the line is the case of Bodhi Satta Gautam v Subhra
Chakraborty16 where the Hon'ble S.C. invented the concept of
interim compensation and enforced the part third right against
an individual by saying that:
This decision recognises the right of the victim for
compensation by providing that it shall be awarded by the
Court on conviction of the offender subject to the finalisation of
Scheme by the Central Government. If the Court trying an
offence of rape has jurisdiction to award the compensation at
the final stage, there is no reason to deny to the Court the right
to award interim compensation, which should also be provided
13 AIR 1993 SC
14 AIR 1993 SC 513
15 AIR 1992
16 AIR 1996 SC 490
IV. SEMESTER PROJECT- LAW AND POVERTYPage 11

in the Scheme. On the basis of principles set out in the

aforesaid decision in Delhi Domestic Working Women's Forum,
the jurisdiction to pay interim compensation shall be treated to
be part of the overall jurisdiction of the Courts trying the
offences of rape which, as pointed out above is an offence
against basic human rights as also the Fundamental Right of
Personal Liberty and Life.
The court also stated that :
Having regard to the facts and circumstances of the present
case in which there is a serious allegation that Bodhisaltwa
Gautam had married Subhra Chakraborty before the God he
worshipped by putting Vermilion on her forehead and accepting
her as his wife and also having impregnated her twice resulting
in abortion on both the occasions, we, on being prima facie
satisfied, dispose of this matter by providing that Bodhisattwa
Gautam shall pay in Subhra Chakraborty a sum of Rs. 1,000/every month as interim compensation during the pendency of
Criminal Case in the Court of Judicial Magistrate, Ist Class,
Kohima, Nagaland. He shall also be liable to pay arrears of
compensation at the same rate from the date on which the
complaint was filed, till this date.
Therefore it can be observed that the Hon'ble Courts have
taken little softer view ( with regard to monetary aspect) when
question of the award of compensation come under Cr.P.C. as
compare to when it come under Constitution.
VII. Assessment of the Role of Legislative Frame work
and Indian Courts:
The exit no doubt that Code of Criminal Procedure provided for
the compensation to victim in the year 1898, when even the
concept has not developed properly but now it submitted that
the whole scheme under Cr.P.C. or P.O.A. needs renovation. The
most important attack on the present legislative frame work
lies on the desertion given to the courts i.e. it depends upon
them to grant compensation and absence of recording any
reason when they abstain them self from grating
IV. SEMESTER PROJECT- LAW AND POVERTYPage 12

compensation. Another criticism of the present legislative

framework lies in the absence of right of victim to claim
compensation. Critics also argue for the absence of any
institutional scheme under the present legislative framework
that has now become the important part of victim- Crime
relationalship in countries of southern hemisphere such as USA,
UK, New Zealand, France etc . The laxity on the part of Indian
legislature is so much so that India has not made any
legislation to give compensation to victim of crime when
accused is acquitted despite of its obligation under various
International Covenants . In this regard even Hon'ble S.C. in the
case of Delhi Domestic Working Forum v UOI17 has shown
its concern in flowing words:
It is necessary, having regard to the Directive Principles
contained under Article 38(1) of the Constitution of India to set
up Criminal Injuries Compensation Board........Compensation for
victims shall be awarded by the court on conviction of the
offender and by the Criminal Injuries Compensation Board
whether or not a conviction has taken place. The Board will
take into account pain, suffering and shock as well as loss of
earnings due to pregnancy and the expenses of child birth if
this occurred as a result .......
So this in brief set out the major defaults in the present
legislative framework due to which the whole concept of
compensation has become akin to flop show in India. However
it is to be noted that part of responsibility of being the concept
flop show lies on Indian judiciary as well, especial the lower
courts. In this regard the observation of Hon'ble S.C. in the case
of State of Gujarat v Hon'ble High Court of Gujarat18 is
relevant where following was stated:

17 1995 SCC (1) 14

18 AIR 1998
IV. SEMESTER PROJECT- LAW AND POVERTYPage 13

Section 357 of the Criminal Procedure Code, 1973 provides

some reliefs to the victims as the court is empowered to direct
payment of compensation to any person for any loss or injury
caused by the offence. But in practice the said provision has
not proved to be of much effectiveness. Many persons who are
sentenced to long term imprisonment do not pay the
compensation and instead they choose to continue in jail in
default thereof. It is only when fine alone is the sentence that
the convicts invariably choose to remit the fine. But those are
cases in which the harm inflicted on the victims would have
been far less serious. Thus the restorative and reparative
theories are not translated into real benefits to the victims.
Case of Harikishan Singh is also of importance where the
Hon'ble S.C. observed that:
It is an important provision but courts a have seldom invoked it.
Perhaps due to ignorance of the object of it. It empowers the
court to award compensation to victims while passing
judgment of conviction. In addition to conviction, the court may
order the accused to pay some amount by way of
compensation to victim who has suffered by the action of
accused. It may be noted that this power of courts to award
compensation is not ancillary to other sentences but it is in
addition thereto. This power was intended to do something to
reassure the victim that he or she is not forgotten in the
criminal justice system. It is a measure of responding
appropriately to crime as well of reconciling the victim with the
offender. It is, to some extent, a constructive the victim crimes.
It is indeed a step forward in our criminal justice system. We,
therefore, recommend to all courts to exercise this power
liberally so as to meet the ends of justice in a better way.
Moreover the comment High Court in case of In Re Drug
Inspector is very important where it was stated that efficacy of
a law and its social utility depends largely on the manner4 and
the extent of its application by the courts . It was further stated
that the good law badly administered may fail its social
IV. SEMESTER PROJECT- LAW AND POVERTYPage 14

purpose and if overlooked in practice fail in the purpose and

utility . The Law Commission of India in its 41st report clearly
sated that our courts are not liberal in utilizing these provisions
and went to the extent of saying that it is regrettable that our
courts do not exercise their statutory powers under this section
as freely and liberally as they could desire.However in this
regard it is to be noted that the attempt of Hon'ble S.C. and
some of the High Courts as discussed above clearly shows that
they are championing the cause of victim even in the given set
up but still looking to the problem as a whole, inherent
weakness on the legislative framework as well as laxity on the
part of court has made the proper functioning of whole concept
a distant dream in strict sense.

Victim compensation in India

Victims of any crime and of human rights violations (regardless
of their legal status) have a right to be compensated for the
losses sustained due to the crime committed on her/him.
Compensation can be sought through criminal, civil or
administrative procedures, and can be awarded for material
(including unpaid wages and medical expenses) and nonmaterial (such as for pain, suffering and trauma) damages).
The victim of a criminal act can claim for compensation from
the offender as part of a criminal case. Compensation has to be
ordered by the court and is part of a guilty verdict. In criminal
cases victims can directly apply for compensation and thus, it
is important that prosecutors are aware of the existence of this
right to request the judge to make such order. Trafficked
persons, as with all victims of human rights violations have a
right to a remedy. This means they have a right to access
criminal, civil and/or administrative procedures for seeking
financial redress compensation for material and non-material
damages resulting from the crime committed to them, unpaid
wages, restitution from the offender and other forms. The Legal
Professionals should lobby with their governments for such
IV. SEMESTER PROJECT- LAW AND POVERTYPage 15

compensation which is. Once such compensations become

mandatory there will be reverse pressure on the Law
enforcement to break the criminal networks which
In India the National Commission for Women has proposed a
Criminal Injuries Compensation Board for the payment of
compensation to victims of Rape . This proposal has been done
on the Directives issued by the Supreme Court of India in the
case Delhi Domestic Working Womens Forum Vs. Union
of India and others writ petition19 (CRL) No.362/93 had
directed the National Commission for Women to evolve a
scheme so as to wipe out the tears of unfortunate victims of
rape The Supreme Court observed that having regard to the
Directive principles contained in the Article 38(1) of the
Constitution, it was necessary to set up criminal Injuries
compensation Board, as rape victims besides the mental
anguish, frequently incur substantial financial loss and in some
cases are too traumatized to continue in employment. The
Court further directed that compensation for victims shall be
awarded by the Court on conviction of the offender and by the
Criminal Injuries compensation board whether or not a
conviction has taken place. The Board shall take into account
the pain, suffering and shock as well as loss of earnings due to
pregnancy and the expenses of child birth if this occurs as a
result of rape.

What is communal violence?

Communal violence is a form of violence that is perpetrated
across ethnic or communal lines, the violent parties feel
solidarity for their respective groups, and victims are chosen
based upon group membership. The term includes conflicts,
riots and other forms of violence between communities of
different religious faith or ethnic origins.
United Nations Office on Drugs and Crime includes any conflict
and form of violence between communities of different
19 AIR 1995 SCC (1) 14
IV. SEMESTER PROJECT- LAW AND POVERTYPage 16

religious group, different sects or tribes of same religious

group, clans, ethnic origins or national origin as communal
violence. However, this excludes conflict between two
individuals or two families.
Communal violence is found in
Africa, Americas, Asia,Europe and Australia.
The term was constructed by the British colonial authorities as
it wrestled to manage violence between religious, ethnic and
disparate groups in its colonies, particularly Africa and South
Asia, in early 20th century.
Communal violence, in different parts of the world, is
alternatively referred to as ethnic violence, non-State conflict,
violent civil unrest, minorities unrest, mass racial violence,
inter-communal violence and ethno-religious violence.

Communal riots in India:

Calcutta Riots 1946: Calcutta Riots is also known as
Direct Action Day is the worst day in the India history. The
Calcutta Killings of 1946 is the result of HinduMuslim violence and become a day of riot and
manslaughter in the Bengal province of British India.

Sikh Riots 1984: The 1984 Sikh Massacre was erupted in

1 November 1984,after the assassination of Indira Gandhi
and continued for days, killing around 800 Sikhs. The
national capital Delhi were the worst affected area along
with Yamuna river areas.

Kashmir Riots 1986: The communal riots was broke out

in the Muslim-majority state of Kashmir against the
Kashmiri Hindus in 1986. Violence against Kashmiri Hindus
was reported in the Anantnag area and a massive
communal riots occurred in the result.
IV. SEMESTER PROJECT- LAW AND POVERTYPage 17

 Varanasi Riots 1989: The holy city of India is witnessed

to three consecutive riots since 1989-90 to 1992.
Varanasi riots of 1989 was the first communal
violence erupted between Hindu and Muslim. A
mini riots was also broke out in 2007.

Bhagalpur Riots 1989: The silk City Bhagalpur was

became notorious after the incidence of October 1989.
Bhagalpur riots is one of the worst communal riots in India
since Independence, which claimed over 1000 lives. The
communal violence broke out between Hindu and Muslim
and continued for almost two months.

Bombay Riots 1992: Bombay Riots was the worst riots in

India, appeared in December 1992 and January
1993. Riots in Mumbai was a communal riots between
Hindu and Muslim, in which over 1,000 people were killed.
Babri Mosque demolition is the reason and Bombay Riots,
1993 Bombay bomb blasts was the result.

Gujarat Riots 2002: The another worst riots in India so

far, Gujarat riots of 2002 was a series of
communal violence incidents between Hindus and
Muslims. The Sabarmati Express train was burnt as a
preplanned conspiracy by Muslim mob, then Post
Godhra violence Attacks on Muslims and Hindus and
Naroda Patiya riots Ahmedabad. Gujarat riots was a
definition of horror and brutality of Human again human.

Aligarh Riots 2006: Aligarh is well known as one of the

communal prone zone in Uttar Pradesh, on 5 April 2006
the incidents of violence is occurred between Muslims and
Hindus. At least six to seven people died due to
IV. SEMESTER PROJECT- LAW AND POVERTYPage 18

communal riots began during the Hindu festival Ram

Navami.

Deganga Riots 2010: Deganga Riots was occurred on 6

September 201 at the Deganga place in West Bengal.
The riots was got created by Muslim mobs by arson
and violence against Hindu people, They destroyed the
several sacred Hindu places of worship, looted and burnt
the dozens of shops. In 2007 Bengal was already faced
another riots known as West Bengal food riots.

Assam Riots 2012: In the month of July 2012 a

communal violence is got triggered between the Indian
Bodos and migrants Muslims from Bangladesh. More then
80 people had died and over 1 lacks have taking shelter in
relief camps during the communal riots in Assam. Assam
massacre was another definition of horror and brutality of
Human again human.

2013 Muzaffarnagar riots: Its again clashes between

the Hindu and Muslim communities, have claimed 48 lives
and injured 93 in the Muzaffarnagar district, Uttar
Pradesh. It is one of the worst religious violence in India.

What are the constitutional provision regarding

communal violence?
The constitution of India via its Article 355 says that it shall be
duty of the Union to protect every State against external
aggression and internal disturbance and to ensure that the
Government of every State is carried on in accordance with the
IV. SEMESTER PROJECT- LAW AND POVERTYPage 19

provisions of Constitution.
What efforts have been made by the successive
governments to tackle communal violence in India?
Communal riots have become a distinct feature of
communalism in India. Communal riots are not caused
spontaneously and they are rarely caused by religious
animosity. History has been that the communal violence in
India has occurred due to conflicting political interests, which
are often linked to economic interests. Till 2002, the successive
governments did not take any notable legislative actions but to
check the sporadic events of communal violence, the UPA
government had in 2005 brought forward the Communal
Violence (Prevention, Control and Rehabilitation of Victims) Bill,
2005. This bill provided measures for Prevention and control of
communal violence; Speedy investigation and trials as well as
rehabilitation of victims. This bill could never see the light of
the day and the parliamentary standing committee tagged this
bill as something, which violates the basic federal principle of
the Indian Constitution. After that, the National Advisory
committee drafted and brought forward the Prevention of
Communal and Targeted Violence (Access to Justice and
Reparations) Bill. Recently, the UPA-II government has deferred
this bill also.

What were the salient features of the Communal

Violence Bill 2005?
The most important provision of the above bill was about
declaring the Communally Disturbed Area. As per provisions of
this bill, if the state government was of the view that
communal violence is taking place in one or more areas of the
state, which can pose a danger to the secular fabric, integrity,
unity or internal security of India; then the state government
can declare that area in question as communally disturbed
IV. SEMESTER PROJECT- LAW AND POVERTYPage 20

area. Once that is done, the district magistrate or the

competent authority appointed by the state government can
take measures such as regulating assembly, directing persons
to deposit their arms, searching premises etc. to control
communal violence. Apart from this, the bill also provided for
double punishment as per other laws. The bill empowered the
state government to establish special courts to try the offences
related to communal violence. For rehabilitation, the bill
provided creation of Communal Disturbance Relief and
Rehabilitation Councils (CDRRC) at national, state and district
levels. It also made provisions that such district level council
shall pay at least 20% of total compensation as immediate
compensation to victims. However, this bill failed to become an
act. The most important reason was that it was more tilted
towards the post-violence scenario and not about checking the
violence in the first place. Further, there were ambiguities
regarding declaring the communally disturbed area and the
state government officials were given unprecedented powers
without any accountability. Further some provisions overlapped
with the Criminal Procedure Code and some even violated the
provisions of the constitution and other statutes. Overall, the
2005 bill was held to be against the federal principle enshrined
in the constitution.

What are the important provisions of the 2011 Bill?

The important provisions of this bill are as follows: It includes
acts which may result in injury to persons or property, if such
acts are directed against persons on the basis of their affiliation
to any group, and if such an act destroys the secular fabric of
the nation. Sexual assault, hate propaganda, torture and
organized communal violence included. The public servants
were made punishable for failing to discharge their stated
IV. SEMESTER PROJECT- LAW AND POVERTYPage 21

duties in an unbiased manner. The duties of the public servants

also include duty to provide protection to victims of communal
violence. There is a provision to establish a National Authority
for Communal Harmony, Justice, and Reparation (NACHJR) and
State Authorities for Communal Harmony, Justice, and
Reparation (SACHJRs). These would prevent acts of communal
violence, incitement to communal violence, contain the spread
of communal violence, and monitor investigations into acts of
communal violence. Central and state governments given
authority to intercept any messages or transmissions if they
feel that such messages may lead to communal violence. The
public officials liable to be prosecuted for offences under the
bill. The state government would need to grant sanction for
such prosecution within 30 days. The states are required to set
up Human Rights Defender of Justice and Reparations in every
district. The Human Rights defender will ensure that those
affected by communal and targeted violence are able to access
their rights under existing laws. There are provisions of state
and district-level authorities for assessing compensation for
victims of communal violence. There are several obligations of
the states towards victims, such as the establishment of relief
camps, ensuring proper facilities, medical provisions and
clothing for those within such camps, etc.

COMPENSATION GIVEN AND ANNOUNCED BY THE

GOVERNMENT:
The NDA government has decided to give Rs 5 lakh each
to the next of kin of those killed in the 1984 anti-Sikh
riots, government officials said on Thursday.
The Ministry of Home Affairs (MHA) has taken a decision to
disburse around Rs 166 crore to the families of 3,325 victims
killed in the riots but the money has not been released yet, a
senior Home Ministry official said.
IV. SEMESTER PROJECT- LAW AND POVERTYPage 22

The decision to enhance the compensation was taken by Union

Home Minister Rajnath Singh last week, just before the byelections were announced for three assembly seats in Delhi.
The government had received representations from various
Sikh groups and it was felt that the compensation given to the
riot victims was not adequate. It was decided to give an
enhanced compensation of Rs 5 lakh each to the next of kin of
the victims, said the official.
The official said the compensation will be given in addition to
what they have received in all these years but it will be
disbursed only after the by-elections in Delhi are over as
the model code of conduct is in place.
In 2006, the UPA government had announced a Rs 717 crore
rehabilitation package for anti-Sikh riots victims after the
Nanawati Commission, which was set up to probe the anti-Sikh
riots, submitted its report. According to the package, an exgratia amount of Rs.3.5 lakh each to the next of kin riot victims
was disbursed. Out of this only Rs 517 crore had been spent
and the remaining Rs 200 crore could not be distributed
because of dispute over claimants.
A thorough review was done and it was found that Rs 3.5 lakh
was not enough to compensate the families of riot victims who
have suffered all these years. On compassionate grounds, the
amount was hiked to Rs 5 lakh, said the official.
Of the 3,325 victims, 2,733 were killed in Delhi alone while rest
of the victims were from Uttar Pradesh, Haryana, Madhya
Pradesh, Maharashtra and other states.

IV. SEMESTER PROJECT- LAW AND POVERTYPage 23

The Home Ministry also enhanced the compensation to civilian

victims of communal, terrorist or Naxal violence from Rs 3 lakh
to Rs 5 lakh.

The compensation given to civilian victims of communal,

terrorist or naxal violence will be increased from Rs 3 lakh
to Rs 5 lakh, a meeting held by home minister Rajnath
Singh.
Till now the next of kin of persons killed or civilians who
suffered permanent incapacitation as a result of such violence
were paid Rs 3 lakh as per provisions of the Central Scheme for
Assistance to Civilian Victims of Terrorist, Communal, Naxal
violence since 2008.
Assistance would be given to the surviving spouse in case of
death or permanent incapacitation of the husband or the wife,
as the case may be.
However, if both the husband and the wife died in same
incident of violence, the family would be entitled to get the
assistance, in each case, the official said.
Families of the victims would be eligible to get assistance under
the scheme even if they have received any other assistance, by
way of payment of ex-gratia or any other type of relief from the
government or any other source except when a similar scheme
is already being implemented by the Central government.
Government had disbursed Rs 6.12 crore as compensation to
civilian victims in 204 incidents of terrorist, communal and
naxal violence in 2011-12 and Rs 3.99 crore to civilian victims
in 133 such incidents in 2012-13.
No reimbursement could be made to any civilian victims in
incidents of terrorist, communal and naxal violence during
2013-14 and 2014-15 (till July) as the state governments did
not send the proposals.

IV. SEMESTER PROJECT- LAW AND POVERTYPage 24

 Conclusion and Suggestions:

It is need less to point out that the whole legislative paradigm
coupled with lack of judicial determination has exposed
numerous flaws of the present legal system about the
compensation therefore there is need for revamping the whole
legal system once. The mandatory changes that are needed
are as follows:
The suggestion given by the law commission of India in its
42nd report on Indian Penal Code must be taken in to
consideration and it would be better if the legislature also
take in to account the separate note of Justice R.L.
Narsimha as member of the commission.
The law must also provide recording of reason for not
providing or providing the compensation as we have in the
case of death sentence in Cr.P.C.
The law must also provide for institutional set up as we
have in western countries.
If possible it would be better to give the compensation as
a right to victim

IV. SEMESTER PROJECT- LAW AND POVERTYPage 25