The Court affirms NHRC's recommendation as binding, ordering Railways to pay Rs. 3 lakh compensation for the gang rape incident in a stationary train.
In a landmark judgment, the Delhi High Court has reinforced the binding nature of the National Human Rights Commission's (NHRC) recommendations, directing the Ministry of Railways to compensate a gang rape victim with Rs. 3 lakh. The incident occurred on August 27, 2012, inside a stationary train compartment at Lakheesarai, Bihar. The Railways had contested the NHRC's recommendation, arguing that the crime was committed by private individuals, not railway employees, and thus outside the purview of the Railways Act, 1989.
Justice Amit Bansal, presiding over the case, dismissed the writ petition filed by the Ministry of Railways, which challenged the NHRC's orders dated April 30, 2014, and April 19, 2016. The Court clarified that the incident qualifies as an "untoward incident" under Sections 123(c) and 124A of the Railways Act, obligating the Railways to provide compensation regardless of the perpetrators' employment status with the Railways.
The judgment emphasized the Railways' duty to ensure passenger safety and deemed NHRC's recommendations as binding statutory outcomes. The Court rejected the Railways' argument regarding jurisdiction, asserting that the NHRC's role in safeguarding human rights extends to compelling compensation in cases of gross human rights violations.
Additionally, the Delhi High Court underscored the NHRC's authority, referencing previous judgments that validate the Commission's recommendations as binding, and not merely advisory. The Court's decision mandates the release of the compensation amount, deposited with the Registrar General, to the victim along with accrued interest.
This ruling sets a significant precedent, reinforcing the NHRC's power to effectuate its recommendations and affirming its crucial role in upholding human rights protections.
Bottom Line:
National Human Rights Commission (NHRC) - Recommendations made by NHRC are binding in nature and cannot be treated as mere opinions. Railways liable to pay compensation under Section 124A of the Railways Act for "untoward incidents" such as a gang rape inside a train compartment, regardless of whether it involved railway employees or private individuals.
Statutory provision(s): Railways Act, 1989 Sections 123(c), 124A; Protection of Human Rights Act, 1993 Sections 13, 18; Constitution of India, 1950 Article 226
