Calcutta High Court: While deciding a writ petition seeking compensation for an unfortunate incident where the 17-year-old girl, and her 14-year-old brother, were victims of an acid attack, a single-judge bench comprising of Shekhar B. Saraf, J., held that the petitioner 1 entitled to a minimum compensation of Rs. 7 lakhs, with an additional 50% due to her minor status and directed the State of West Bengal to pay the same. The Court disposed of the present writ petition with the directions given to the State of West Bengal for amending its compensation scheme and disbursing the appropriate compensation to the victim.
The Court urged the State of West Bengal to uphold its feminist history and ensure compliance with the Supreme Court’s directives, emphasizing the need for progress and governance in line with best practices.
Factual Matrix
The instant matter involves an unfortunate incident where petitioner 1, a 17-year-old girl, and petitioner 2, her 14-year-old brother, were victims of an acid attack. The petitioners preferred the present writ petition seeking compensation for petitioner 1, as petitioner 2 has already received compensation of Rs. 4,50,000/- as per existing Rules.
The petitioners contended that, based on Supreme Court judgments and NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018, the petitioner 1 being a minor girl child, is entitled to a minimum compensation of Rs. 7 to 8 lakhs, with an additional 50% due to her minor status.
Moot Point
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Whether the compensation awarded to petitioner 1 complies with Supreme Court judgments and the NALSA Scheme?
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Whether the State of West Bengal failed to amend its compensation scheme in line with the Supreme Court’s directives?
Court’s Assessment and Decision
The Court reviewed several Supreme Court judgments, including Laxmi v. Union of India, (2014) 4 SCC 427, Parivartan Kendra v. Union of India, (2016) 3 SCC 571 and Nipun Saxena v. Union of India, (2020) 18 SCC 499.
The Court observed that the Supreme Court in Laxmi (Supra) directed that a minimum of Rs. 3 lakhs should be paid to acid attack victims by the concerned government. The Court noted the physical, economic, social, and psychological ramifications of acid attacks on victims, emphasizing the need for higher compensation based on Parivartan Kendra (Supra). In Nipun Saxena (Supra), the Supreme Court endorsed NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018, as a minimum standard for compensation. The Scheme specified that acid attack victims with face disfigurement should receive compensation ranging from a minimum of Rs. 7 lakhs to a maximum of Rs. 8 lakhs, with a 50% increase for minor victims.
In the present case, the Court found petitioner 1 deserving of compensation higher than the prescribed minimum, given the severity of her injuries and expenses incurred. The Court held that the victim, being a minor, was entitled to a minimum compensation of Rs. 7 lakhs, with an additional 50% due to her minor status, totaling Rs. 10.5 lakhs.
The Court held that the State of West Bengal had not conformed to the NALSA Scheme. The Court directed the State of West Bengal to pay Rs. 7,50,000/- to petitioner 1 through the State Legal Services Authority within four weeks.
The Court also directed the State of West Bengal to amend its compensation scheme in accordance with NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018 within eight weeks.
The judgment highlights that West Bengal should strive to uphold its historic feminist ideals and adhere to best practices mandated by the Supreme Court.
“It is unfortunate that this State, which was once known for its progressive feminist discourse, with women such as Begum Rokeya Sakhawat Hossain, Sarojini Naidu Chattopadhyay and many others, has forgotten its feminist roots. The State Government should take note of Bengal’s rich feminist history and ensure that Gokhale’s saying once again finds relevance in today’s time.”
The Court disposed of the writ petition with the above directions.
Key Legal Principles
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Compensation for acid attack victims should consider the physical, economic, social, and psychological impact.
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State governments must follow best practices outlined in NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018.
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Compensation may exceed the minimum prescribed amount in deserving cases.
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Denial of compensation violates the victim’s fundamental rights under Article 21 of the Constitution.
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Multiple preconditions for compensation should be independent occurrences.
[Paramita Bera v. Union of India, 2023 SCC OnLine Cal 2754, order dated 08-09-2023]
*Judgment by Justice Shekhar B. Saraf
Advocates who appeared in this case :
Mr. Debashis Banerjee, Mr. Rakesh Jana, Counsel for the Petitioners
Ms. Soma Chowdhury, Counsel for the Respondent/State
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