Excelsior Correspondent
SRINAGAR, Nov 17: The High Court today issued notice and sought response from the Union Government and Government of J&K in a Public Interest Litigation seeking compensation to the victims of landmine and cross-border firing victims.
The Division Bench of Chief Justice Pankaj Mithal and Justice M L Manhas issued notice to the Ministry of Home Affairs Government of India, Chief Secretary of J&K and Deputy Commissioner Baramulla in a PIL seeking compensation to the victims of landmine and cross border firing victims of Uri area. The notice however has been waived and accepted by the counsels representing the respondents in open court. Court directed the counsels to file the response to the plea within six weeks.
Petitioner Sajid Naseer, General Secretary of Uri Foundation through his counsel Syed Musaib sought direction on respondents to pay compensation of Rs. 10 lakh in each case of permanent disability towards the victims of landmine / Cross border firing victims.
He also sought setting aside the distinction of cut-off date provided under clause “5” of the guidelines of 2019 and direct the respondents to uniformly pay compensation amount of Rs. 10 lakh for each victims without the distinction of any cut-off date of 24.08.2016 and to expedite the construction of community bunkers in Uri Sub-Division.
The petitioner demanded equal pay and uniform compensation of Rs. 10 lakh to the all victims affected by cross border firing and landmine blasts in terms of the revised guidelines of Central Scheme for assistance to civilian victims and their families without adhering to any cut-off date.
It was submitted in the petition that most of the people who have been victims of cross-border firing or landmines, have not at all been compensated by the respondent authorities till date, in rare case some meagre amount of compensation has been given, despite the fact most of the victims were working as porters with the Army itself, said individuals have become partially disabled or completely disabled and cannot work anymore as normal individuals.
Court has been informed that in this regard Central Government-Ministry of Home Affairs has issued detailed guidelines for grant of assistance towards the civilian victims/ family of victims of cross border firing and mine blasts on the Indian Territory in the year 2019 in-terms of the guidelines, victim assistance is provided an amount of Rs. 3 lakh (for incidents that occurred before 24.08.2016 and Rs. 5 Lakh for incidents that occurred on or after 24.08.2016 would be given for each death or permanent incapacitation to the affected family under the scheme.
It is said that the guidelines, 2019 issued by the Central Government have wrongfully created two separate class of victims having being injured before and after the cut-off date of 24.08.2016, paying Rs. 5 lakh to injured after cut-off date of 24.08.2016 is arbitrary and violative of Art. 14 of the Constitution of India. In this regard victims of cross border firing and landmine mishaps should be taken as one category and paid uniformly on the higher rate of Rs. 5 lakh each.
The victim assistance, it is added, provided by the guidelines, 2019 fail to recognise the important elements that victim assistance should comprise of. The 2019 guidelines fail to understand the extent of the challenges faced by the survivors of landmine and cross-border firing. There is no provision for the emergency and continuing medical care. The component of physical rehabilitation, including Physiotherapy, prosthetics and assistive devices has not been addressed in the guidelines. Moreover, the psychological support and social reintegration, economic reintegration and establishing, enforcing and implementing relevant laws and public policies have not been even considered by the Central Government while issuing the scheme for assistance to victims.
Follow our WhatsApp channel
