New Delhi, Aug 4 The Delhi High Court has upheld the National Human Rights Commission (NHRC)'s direction to the Railways to pay Rs 3 lakh compensation to a passenger who was gang-raped inside a train in 2012.
Justice Amit Bansal dismissed a petition by the Ministry of Railways assailing the NHRC's decision and stated that the Railways was under an obligation to provide the survivor a "safe environment".
The court said gang rape, being in the nature of a "violent attack", amounted to an "untoward incident" under the law, making it liable to pay compensation.
Holding that the NHRC's direction on payment of compensation was not perverse or manifestly illegal, Justice Bansal stated that the commission "correctly exercised its jurisdiction in recommending immediate monetary relief to a victim of gross human rights violation".
"The fact of the matter is that the victim was a bona fide passenger who had purchased a ticket for the journey and was travelling in the train when the said incident occurred. The Railways were obliged to provide a safe environment onboard the compartment of the train.
"Since the unfortunate incident occurred inside a compartment of a train, the same would be covered under the definition of an 'untoward incident' as provided in Section 123(c) of the Railways Act and the Railways would be liable to pay compensation in terms of Section 124A of the Railways Act," the court observed in the order passed on July 29.
"The writ petition is devoid of merits and is accordingly dismissed," it held.
The court directed the registry to release the compensation amount, deposited by the Railways during the pendency of the case, to the survivor, along with the accrued interest.
The survivor was gang-raped inside a bogie of a passenger train at platform no. 5 at Lakhisarai, Bihar, in August 2012.
Following a complaint by her father, the NHRC, in April 2014, said that the chairman, Railway Board, was liable to pay Rs 3,00,000 to the survivor.
Subsequently, the NHRC rejected a representation by the Railways, which asserted that compensation could only be decided by the Railway Claims Tribunal, and directed payment of compensation.
In the order, the court stated that as per Section 124A of Railways Act, the Railways was liable to pay compensation towards an "untoward incident", even if it was not on account of any wrongful act, neglect or default by the Railways.
Therefore, even if the gang rape was committed by private individuals who were not railway employees, it would not affect the liability of the Railways to pay compensation, the court ruled.
It further underscored that although the directions made by the NHRC are "recommendatory", they cannot be treated as mere opinions.
The court said that being the outcome of a statutory inquiry conducted by an expert statutory body entrusted with the protection of human rights, NHRC's recommendations command persuasive value.
