COMPENSATION:
The word “compensation” means to expiate the loss suffered. Basis for compensation:
- As a social insurance
- As a welfare measure by the Government
- As a governmental obligation to protect the citizens.
Compensation under torts law:
The victims can claim compensation for the injuries or the losses suffered by them. In
modern welfare states the importance of giving compensation to the victims being a part of
their general welfare. Compensation is now being awarded as a matter of right not just in
criminal cases but also in constitutional law, labour law, environmental law, etc,.
Compensation as a constitutional right:
In India, to fill the gap in fundamental right to compensation, the apex court has found the
monetary way to expiate the abuse of human rights. The Supreme Court in Rudal Shah v.
State of Bihar, for the very first time laid down the principle that compensation can be given
in the case where any fundamental right of an individual has been injured and that the higher
courts have the authority to do so by using the writ jurisdiction and evolved the principle of
compensatory jurisprudence. Therefore, the Supreme Court condemned the State Authorities
for its actions and ordered for a compensation of Rs. 30,000/-.
The two important aspects is, - That violation of a fundamental right can lead to a civil liability;
- It also formulates the bases for a theory of liability.
The various judicial pronouncements made a new outlook for individual action against the
State under Article 300.
Compensation under Code of Criminal Procedure, 1973:
The Code of Criminal Procedure initially provided compensation for the victims of crime
under section 357, to be given by the accused to the victim or to their kins, even when fine
does not form part of the sentence. It was in the year 2008 when the crpc was amended to
impose a liability on the state for such compensations, based on the recommendation of the
Malimath Committee.
Janani / Advocate
