Delhi Lieutenant Governor Vinai Kumar Saxena has approved amendment in the Delhi Victims Compensation Scheme 2018, enabling the payment of ex gratia to the victims of mob violence and lynching. The definition of ‘victim’ has been amended to include guardian or legal heir of a person who has suffered loss or injury or death as a result of the offence including the offence of mob violence and mob lynching.
According to Raj Niwas official, in case of mob violence mob lynching, the interim relief to the victim, including the interim compensation shall be provided within 30 days from the date of offence and the limit of Rs. 50,000/- for interim compensation shall not be applicable to the cases of such victims but the upper limits of compensation provided under the schedule to the scheme shall continue to apply.
The Supreme Court had in 2018 directed state governments to prepare such a scheme within a month but the Delhi government took five years to submit a proposal, they added.
According to the changes in the scheme, the definition of 'victim' has been amended to include the guardian or legal heir of a person who has suffered loss or injury or death as a result of mob violence and mob lynching.
Interim relief has been proposed to be paid to the victim(s) or the next of the kin of the deceased within 30 days of the incident, the official said.
The Delhi Victims Compensation Scheme, 2018 was notified with the approval of the then LG vide notification dated 27.06.2019, but the issue of compensation for lynching and mob violence was not covered in it.
The apex court had directed on July 17, 2018 that state governments will prepare within one month of the judgement a lynching/mob violence compensation scheme under the provisions of Section 357A of the CrPC.
The court had given the guidelines that in the scheme for computation of compensation, the state governments shall give due regard to the nature of bodily injury, psychological injury and loss of earnings.
In terms of loss of earnings, it shall also take into account loss of opportunities of employment and education and expenses incurred on account of legal, medical and other sufferings due to mob lynching/ mob violence, the official said.