In a landmark judgment, the Jharkhand High Court awards Rs. 15,00,000 to Rahul Kumar, emphasizing the need for gender-neutral victim compensation schemes.
The Jharkhand High Court, in a significant ruling, has awarded enhanced compensation to Rahul Kumar, a male acid attack victim, recognizing the grave physical and mental trauma he endured. The Division Bench, comprising Justices Rongon Mukhopadhyay and Pradeep Kumar Srivastava, emphasized the State's obligation to provide adequate compensation to victims, irrespective of gender, under the Jharkhand Victim Compensation Scheme, 2016.
Rahul Kumar, who had previously received Rs. 3,00,000 under the scheme, appealed for an increase, citing the insufficiency of the amount in addressing his extensive medical and rehabilitation needs. The Court, acknowledging the severe disfigurement and ongoing trauma faced by Kumar, enhanced the compensation to Rs. 15,00,000. The judges noted the absence of an upper limit in the compensation scheme and highlighted the necessity for the State to consider the victim's dignity and rehabilitation comprehensively.
The judgment also addressed the need for gender equality in compensation schemes, urging revisions to eliminate discrimination against male and transgender victims. The Court recommended that compensation should reflect the severity of the crime and the victim's needs, rather than being constrained by gender-based limits.
Moreover, the Court directed the State to reimburse all incurred and future medical expenses, urging prompt processing of claims to alleviate the victim's suffering. This decision marks a pivotal step towards ensuring justice and equality for all victims of acid attacks, setting a precedent for other states to follow.
This ruling underscores the judiciary's role in upholding constitutional rights and the importance of a welfare state in safeguarding the dignity and well-being of its citizens.
Bottom line:-
Acid attack victim entitled to enhanced compensation under Victim Compensation Scheme, 2016, as there is no upper limit for compensation. The Court must consider the physical, mental trauma, and rehabilitation needs of the victim while determining compensation.
Statutory provision(s): Article 21 and Article 14 of the Constitution of India, Victim Compensation Scheme, 2016 and 2019, Sections 307, 326, 304, 506/34 of the IPC.
Rahul Kumar v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2929645
