Supreme Court to Hear Plea for Equal Compensation in Hate Crime & Mob Lynching Cases on April 23

Supreme Court will hear a crucial case seeking uniform compensation for victims of hate crimes and mob lynching. The plea highlights unfair, unequal aid given by states, urging justice for all.

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Supreme Court to Hear Plea for Equal Compensation in Hate Crime & Mob Lynching Cases on April 23

NEW DELHI: The Supreme Court of India will hear a very important case on April 23, which is about giving equal and fair compensation to people who become victims of hate crimes and mob lynching.

This case has been brought forward to ask the court to make sure that all victims across India are treated the same and are given proper financial help, no matter which state or union territory they belong to.

Last year, in April 2023, the Supreme Court had already asked the Central Government, all the state governments, and the Union Territories (UTs) to give their reply to a petition filed by an organisation called ‘Indian Muslim for Progress and Reforms’ (IMPAR).

In that hearing, the court had also told the Centre, states, and UTs to inform the court about what steps they have taken to follow the 2018 judgment in the Tehseen Poonawalla case. That earlier judgment had clearly told the governments to make a proper scheme to help families who suffer due to mob violence or hate crimes.

As per the official cause list published on the Supreme Court’s website for April 23, a bench of Justice B R Gavai and Justice Augustine George Masih will listen to this matter.

In the hearing held in April 2023, the lawyer representing the petitioner told the court that some states have made such schemes after the 2018 decision, but there is no uniformity in how these schemes are applied. The lawyer also pointed out that many states have not made any scheme at all.

The petition said that the person filing the case is asking the Supreme Court to pass an order or direction to bring uniform rules for giving compensation to victims of hate crimes and mob lynching. The plea highlighted that the way different states are giving ex-gratia amounts (financial aid given without legal obligation) is unfair and unequal, and it goes against Articles 14, 15, and 21 of the Indian Constitution.

The petition further requested that the court should direct all states and UTs to give “just, fair and reasonable compensation” to the victims. This compensation should be given as per the schemes that the states had to make based on the Supreme Court’s 2018 directions.

The petition also pointed out the “whimsical, discriminatory and arbitrary approach” used by many state governments while giving financial help to victims. It said that in many cases, the compensation is very small and not enough to support the victims or their families.

Supreme Court to Hear Plea for Equal Compensation in Hate Crime & Mob Lynching Cases on April 23

According to the petition, how much money a victim’s family gets often depends on things that should not matter, like “media coverage, political imperatives and the victim’s religious identity”.

“It is seen that the trend of awarding compensation to the victims of hate crime/ mob lynching is decided based on the religious affiliation of the victims. In some cases, where the victims belong to other religious denominations, huge compensation is awarded for their losses, while in other cases where the victim belongs to a minority community, the compensation is woefully inadequate,”

-it claimed.

This case is very important because it deals with justice, equality, and human rights. People all over the country are now looking forward to what the Supreme Court will say on April 23, as it could help stop discrimination in giving compensation and bring relief to many victims of violence.

Click Here to Read Our Reports on Hate Crime & Mob Lynching

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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