Uttarakhand HC Directs State To Give Rs 35 Lakh Compensation, free medical treatment To Acid Attack Survivor
The victim was attacked with acid in 2014. Under the Uttarakhand Victim from Crime Assistance Scheme, 2013, she was paid Rs. 1.6 Lakhs as compensation, however, she sought compensation of Rs. 50 lakhs for her future medical treatment, trauma and agony.
The Uttarakhand High Court recently ordered the Member Secretary, Uttarakhand State Legal Services Authority (UKSLSA) to release and transfer a sum of Rs. 35 Lakh in the name of an acid attack survivor as compensation.
The bench of Justice Sanjaya Kumar Mishra opined that the amount will be just, proper and adequate compensation to the victim in addition to the amount already paid to her.
Along with that, the bench directed that if the victim is willing, she should also be given some vocational training.
The order was passed in a writ petition filed by the acid attack survivor seeking compensation of Rs. 50 Lakh for losses, she suffered. She also sought a comprehensive rehabilitation scheme and direction to the State to directly pay Hospitals for future expenses to be incurred by her in medical procedures.
The court, in addition to the abovementioned reliefs, ordered that State Government shall also provide free medical treatment to the victim and if the hospitals in Uttarakhand do not have proper facilities to carry out the required surgeries, then the State shall be under an obligation to get her treated in any hospital at New Delhi or in PGI, Chandigarh.
The entire expenses of petitioner for operation, travelling and stay of her and her attendant shall be borne by the State of Uttarakhand, court ordered.
On November 29, 2014, the victim was attacked with acid resulting in third-degree burn injuries on her face and chest. She sustained 60% burn injuries on her upper body and knee and she has lost her right ear.
The attacker was convicted and sentenced to 10 years of rigorous imprisonment along with a fine of Rs. 20,000 under Section 326- A IPC. While passing the conviction order, the Sessions Judge had referred the matter to District Legal Services Authority for payment of compensation.
A sum of Rs. 1.6 Lakhs was given to the victim by District Programme Officer, in compliance of order passed by Criminal Injury Compensation Board under the Uttarakhand Victim from Crime Assistance Scheme, 2013. Also, in pursuance of an interim order of the high court in 2019, an additional compensation of Rs. 1.5 Lakh was granted to her.
However, when the victim filed the present writ petition seeking further compensation, the State counsel opposed it and argued that since the victim had been already paid the compensation by the District Legal Service Authority, as per the Old Scheme, then if she was aggrieved, she should have filed an appeal before the UKSLSA.
The court referred to the judgment of the top court in Whirlpool Corporation Vs. Registrar of Trade Marks (1998) and held that no statue book provides for such a bar for entertaining the writ petition by the High Court.
"Even if, efficacious alternative remedy is available, if there is breach of fundamental right...the High Court has power to entertain the writ petition," the court said.
In view of Article 21 of the Constitution, the court held that being an acid victim, the petitioner's right to live with dignity had definitely been infringed and therefore, the writ petition was maintainable.
Further, taking into account the report of the Member Secretary, UKSLSA, the court opined that the victim should be given compensation under the New Scheme which came into force in 2018. Court held that in the present matter, for all purposes the cause of action continued on the enforceability date of the New Scheme, which was a requisite for compensation.
Case Title: Gulnaaz Khan v. State of Uttarakhand and others