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2025 Supreme(Online)(Chh) 7502
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Mrs. Satyabhama Awasthi – Appellant
Versus
State of Chhattisgarh – Respondent
WPPIL No. 79 of 2024
For the Appellants/Petitioners: Mr. Diwesh Kumar
For the Respondent/State: Mr. Prafull N. Bharat, Mr. Shashank Thakur
For Respondent No.2: Ms. Shruti Pramar
The court mandates timely compensation disbursal under the 2018 Scheme for women victims, emphasizing procedural compliance.
Headnote:(A) Compensation Scheme for Women Victims of Crime, 2018 - Mandamus issued for disbursal of correct compensation to victims under specific categories; interim compensation mandated for prompt relief. (Paras 1-5)
(B) Appeal process for compensation claims emphasized; court observed that proper procedures not followed warrant judicial intervention. (Paras 4-5)
Facts of the case:
The petitioners sought a writ for the expeditious disbursal of compensation under the 2018 Scheme. In their demands, they highlighted various inadequacies in the current compensation process, especially in cases of women victims of crime.
Findings of Court:
The court recognized the need for procedural guidelines and adherence to the provisions specified in the 2018 Scheme to ensure timely compensation.
Issues: The key issues revolved around the proper execution of the compensation scheme and the rights of victims for timely relief.
Ratio Decidendi: The court held that it is imperative to assure victims receive compensation promptly as per the established scheme, emphasizing the importance of judicial oversight in ensuring compliance.
Result: The petition was disposed of.
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice
02.07.2025
1. The present petition has been filed by the petitioners with the following prayers:-
“10.1 Issue a writ of Mandamus or any other writ directing the SLSA to ensure disbursal of the correct amount of final and interim compensation as per the Schedule of the 2018 Scheme to the 36 victims brought before the court at the earliest in the following category of cases:
i. In cases where compensation has been awarded following conviction, but compensation has not been disbursed / where compensation has not been awarded following conviction;
ii. In cases where no interim compensation has been awarded after registration of FIR;
iii. In cases where award of compensation was rejected on erroneous and technical grounds, including where the victim was not able to show immediate financial need;
iv. In cases where compensation has been erroneously awarded under the Compensation Scheme - 2011 Victim v. In cases where the amount of compensation awarded is less than the entitlement amount specified in the Schedule of the 2018 Scheme.
10.2 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that 25% of the maximum compensation is awarded as interim compensation, as per clause 12 of the 2018 Scheme.
10.3 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to initiate suo moto proceedings for interim compensation in all women related offences.
10.4 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to review all trials in women related offences registered since 2.10.2018, and award interim and / or final compensation in all deserving cases.
10.5 Issue a writ of Mandamus or any other writ direct all trial Courts and DLSAs to pass reasoned orders on the question of interim and final compensation in all cases involving women related offences.
10.6 Issue a writ of Mandamus or any other writ directing the SLSA to instruct all DLSAs to ensure disbursal of relief of Rs 5000-10000, immediately upon receiving an application, as per clause 12 of the 2018 Scheme;
10.7 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that interim compensation is awarded within 60 days of the victim's application for compensation or filing of the chargesheet, without waiting for the victim's statement in court or for the report of the police as per the Delhi High Court's decision in X v State of NCT Delhi & Anr 6 HCC (Del)
316.
10.8 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that adequate amount of victim compensation (interim and final) is deposited in the victim's account within one week of the award, considering that the objective of the 2018 Scheme will fail if the compensation amount is not made available to the victim at the earliest.
10.9 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to ensure that additional / enhanced compensation is awarded in POCSO cases, and cases involving multiple categories of harm (including pregnancy) as per the Schedule of the 2018 scheme.
10.10 Issue a writ of Mandamus or any other writ directing trial courts and directing the SLSA to instruct all DLSAs to consider the maximum amount specified in the schedule as the minimum, especially in POCSO cases, in furtherance of Delhi High Court's decision in X v State of NCT Delhi & Anr 6 HCC (Del) 316.
10.11 Issue a writ of Mandamus or any other writ directing the SLSA to instuct all DLSAs that compensation cannot be denied solely on the grounds that the victim has not been able to show immediate financial need.
10.12 Issue a writ of Mandamus or any other writ directing the SLSA instruct all DLSAs, that interim compensation cannot be denied
