By Nadim Nikhat,
Ironically, it took just 6 years to the largest democratic republic of India, when the United Progressive Alliance led Central Government has at last considered the Gujarat Riot- 2002 victims at par the victims of Anti Sikh Riots 1984, whereby promised to provide compensation to 2002 riot victims. Technically, it meant that the State Government and Central Government have to share the burden equally i.e. for death state and centre has to provide 3.5 lakh each, but the BJP led Gujarat Government has outright refused to even acknowledge the pain and loss suffered by the victims and declined to give its share of 3.5 lakh.
Though the Compensation promised was not equitable to the 1984 package keeping in mind the depreciation of value of rupees but even then it was a sigh of relief for the victims as well as the NGOs and meant more than just monetary compensation rather acknowledgement of their citizenship.
Tearful prayer
According to government data, 1169 people have lost their lives in the riots subsequent to the Godhra train carnage on February 27, 2008, including 59 persons died in the burning of the train; 2548 persons injured during communal riots of year 2002 and many have lost their properties and suffered financial loss due to damage/loss to residential, commercial and industrial properties.
In February 2008 the Central Government announced that the riots victims of the Gujarat would be given compensation at par with that awarded to the victims of anti-Sikh riots in 1984. Accordingly, a package was released as per the description given below:
1. Rs. 3.5 lakh will be paid to the kith and kin of 1,169 riots victims in addition to Rs. 1.5 lakh, amount paid by the State Government;
2. A total of 1.25 lakh minus the amount already paid will be paid to 2,548 people injured in the riots; and
3. A total package of money equivalent to 10 times the compensation paid by the State after riots minus the amount already paid will be paid for financial loss due to damage or loss to residential, commercial and industrial properties.
It was also provided that entire process of distribution of this special package should be completed before October, 2008 and the report of the same has to be sent to the State government. The State Government was asked to verify the claims, distribute compensation and issue utilization certificate to the Central Government within 45 days i.e. December 15, 2008.
The Ministry of Home Affairs in 2007 had announced additional ex-gratia payment for those whose residential properties had been damaged during the 2002 riots. Two years on, the Government is yet to release the full amount it had promised
Further, letter dated 14.5.2007, the Government has been informed by the Director in the Ministry of Home Affairs, Government of India, in respect of additional Relief and Rehabilitation of victims of communal riots in Gujarat that the Central Government has approved to:
* Give preference to children/family members of deceased victim in recruitment by giving necessary age relaxations.
* Launch a special recruitment drive to accommodate eligible members from riot affected families.
* Allow persons who had lost their jobs to rejoin by treating the period of absence as “dies-non”.
* Give necessary pension benefits by relaxing the normal rules to the extent possible to those who had to leave their jobs due to riots and have already crossed the age of super-annuation.
On 15.12.08, Mr. Gagan S Sethi (Member Special Monitoring Team, NHRC) and Yusuf Sheikh (Convener- Antrik Visthapit Hit Rakshak Samiti) have field this PIL in the High Court of Gujarat (Special Civil Application No. 14664 of 08) before the Bench of Hon’ble CJ Mr. KS Radhkrishna and J Mr. Akil Kureshi seeking-
* To complete disbursement of the compensation to the riot victims by the Government of Gujarat with respect to death and injury;
* To release complete compensation package by the Central Government with respect to loss of residential, uninsured commercial and industrial properties; and
* To set up institutional mechanism for age relaxation in recruitment, special recruitment camps, pensionary benefits and rejoining process.
Precisely, it was field against the inaction on the part of both State and Central Government in respect of the decisions taken by the Union Cabinet towards grant of additional relief package to the 2002- Gujarat riot victims.
An illustrative list of injured person who were not given any compensation, was given to the Court urging payment of compensation to the listed injured persons and to set up a monitoring mechanism for the disbursement process.
A Notice was issued to the Gujarat Government as well as Central Government on 17.12.08. Meanwhile, the proceedings were adjourned 2 times. On 12.02.09, the State Government has filed a counter affidavit In the High Court of Gujarat, where it was argued that-
* Disbursement on the part of Gujarat Government is complete to the extent of the funds sanctioned by the central government;
* Disbursement of compensation package released for death and injury is completed and there is no discrepancy in disbursement; and
* the process of payment of compensation for loss to residential property is initiated in line with the new funds released by the Central Government i.e. to the extent of 19.05% of the total entitlements.
But till the filing of this PIL i.e. December 15 2008, the Central Government has sanctioned package only towards the compensation for the death and injury but not for the loss of residential and uninsured commercial/industrial properties.
Just after 8 days on 23. 12. 08, the Ministry of Home Affairs, Government of India has issued an order for sanctioning Rs. 50 Crore towards the part payment of compensation for loss to residential property, which amounts to only 19.05% of the total eligible compensation. Further, no amount has been sanctioned for uninsured industrial or commercial property. Accordingly, 18,230 (urban) and 11,237 (rural) i.e. total of 39,467 cases of loss of residential property. In pursuance of the above Order, on 19.01.09, the Department of Revenue, Government of Gujarat has issued a circular for the said purpose.
The issues here are that:
1. Why even after 2 years of the announcement, only 19.05% compensation is being paid and that is too only towards loss of residential property?
2. What about the rest of 80.95% of the compensation with respect to residential property? and
3. Why the Government of India has not released funds for compensation towards loss of uninsured commercial and industrial property?
4. What mechanisms have been set so far regarding age relaxation in recruitment, special recruitment camps, process of rejoining and pensionary benefits etc. ?
5. What is the mechanism for time bound disbursement of Compensation? and
6. What is the monitoring mechanism for ensuring information flow, transparency and accountability of the process?
BRIEF PARTICULARS
| Sr. No. |
DATE | PROCEEDING | ORDER |
| 1 | 15.12.08 | PIL was filed | |
| 2 | 17.12.08 | PIL was argued by Mr. Amit Panchal (Advocate, Petitioners) |
PIL was admitted and Notice was issued to State and Central Government |
| 3 | 30.12.08 | Adjourned as time sought by State of Gujarat for filing reply |
|
| 4 | 23.01.09 | Adjourned as time sought by State of Gujarat for filing reply |
|
| 5 | 12.02.09 | Counter Affidavit filed by State of Gujarat |
|
| 6 | 25.02.09 | Next hearing |
(The author is associated with the NGO Centre for Social Justice, Gujarat)
[Photo by Siby]