[NW18] Forcing citizens to live in an atmosphere of communal tension affects their right to life: SC

[NW18] Forcing citizens to live in an atmosphere of communal tension affects their right to life: SC
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With regard to the Mumbai communal riots that happened during 1992-93 after the demolition of the Babri Masjid, the Supreme Court has issued a bunch of directions to the state government for compliance.

The Supreme Court recently observed that if the citizens are forced to live in an atmosphere of communal tension, it affects their right to life guaranteed by Article 21.

The Top Court has made these observations while issuing a bunch of directions for payment of compensation to the families of victims of the communal riots which occurred in Mumbai (Bombay) in 1992-93.

"The violence witnessed by Mumbai in December 1992 and January 1993 adversely affected the right of the residents of the affected areas to lead dignified and meaningful life....", held a bench of Justices SK Kaul, AS Oka and Vikram Nath.

The Court has further held that there was a failure on the part of the state government to maintain law and order and to protect the rights of the people guaranteed under Article 21.

“There was a failure on the part of the State Government to maintain law and order and to protect the rights of the people guaranteed under Article 21 of the Constitution of India. As noted earlier, 900 persons died and more than 2000 persons were injured. The houses, places of business and properties of the citizens were destroyed. These are all violations of their rights guaranteed under Article 21 of the Constitution of India,” the court said

Destruction of houses, places of business and properties of the citizens have been termed as violations of the rights guaranteed under Article 21.

With this view, Court viewed that 900 people who lost their lives and 2036 people who got injured during the riots

"The state government shall pay compensation of Rs.2 lakhs to the legal heirs of the missing persons traced out hereafter, with interest at the rate of 9% per annum from 22nd January 1999 i. e. from the expiry of the period of six months from the date of the second government resolution, till actual payment...", it has been ordered.

Accordingly, it has been ordered that the entire exercise of payment of compensation and/or interest shall be completed by the state government within a period of nine months.

Case Title: Shakeel Ahmed vs. Union of India & Ors.

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