Gauhati HC rules on Assam victim compensation scheme, says state responsible for disbursing funds

In a stern directive issued by the Gauhati High Court, the Assam government has been called upon to present a concrete plan for the allocation of funds required to support victims under the Assam Victim Compensation Scheme, 2012, by May 20, 2024.

The Division Bench, led by Chief Justice Vijay Bishnoi and Justice Suman Shyam, expressed deep concern over the delay in compensating victims due to a purported lack of funds. The court remarked, "It is a very sorry state of affairs that the compensation is not being disbursed to the victims for lack of funds. The State has its primary responsibility to provide the fund for disbursement of compensation to the victims."

This call for action came during the hearing of a Public Interest Litigation (PIL) that highlighted the non-payment of compensation to victims as mandated by the Assam Victim Compensation Scheme, 2012.

According to an affidavit submitted by the Assam State Legal Services Authority (ASLSA), the estimated requirement of the victim compensation fund in the state stood at approximately Rs. 24,16,18,032/- as of February 17, 2024.

Shockingly, the counsel representing ASLSA revealed that the state had failed to allocate any funds for disbursing compensation to victims from 2019-20 to 2022-23. Only in 2023 was a meager amount of Rs. 9,00,00,000/- (Nine Crores) provided for this purpose.

The High Court, while acknowledging a potential lack of coordination between the Home and Finance Departments, emphasized the urgency of the situation. The bench expects the state government to present a well-coordinated proposal for releasing the requisite funds by the next hearing scheduled for May 20.

The case, titled "Sandeep Chamaria v. The State of Assam & 2 Ors.", bears the case number PIL/7/2024.