The Supreme Court of India is set to deliberate on a significant plea on April 23, concerning the uniformity of compensation for victims of hate crimes and mob lynching. This follows a directive from the apex court in April 2023, which sought detailed responses from the Central Government, states, and Union Territories (UTs) regarding the establishment of a relief scheme for affected families.
This judicial scrutiny traces back to a landmark 2018 verdict in the Tehseen Poonawala case, where the court mandated the formulation of schemes to aid victims. Despite this, disparities remain apparent, as stated in the plea filed by the organization ‘Indian Muslim for Progress and Reforms’ (IMPAR).
Justice B R Gavai and Justice Augustine George Masih will oversee the proceedings, with the agenda prominently featured on the Supreme Court’s cause list. According to IMPAR’s counsel, while some states have initiated compensation schemes post-2018, a lack of uniformity persists, and several states have yet to implement any scheme at all.
The petition highlights the inconsistencies in ex-gratia payments made to victims, describing them as “whimsical, discriminatory, and arbitrary.” It challenges these practices as being in violation of Articles 14, 15, and 21 of the Constitution, which champion equality, non-discrimination, and the right to life and personal liberty.
IMPAR’s plea underscores the influence of external factors such as media coverage, political pressures, and the religious identities of the victims on the compensation awarded. It alleges a biased trend where victims from certain religious groups receive substantial compensation, whereas those from minority communities receive minimal amounts.
