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Form policy to compensate blast victims' families: Bombay High Court tells Centre

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The Bombay High Court on Tuesday told the union government that it was dissatisfied with the system of awarding a standard compensation amount to the families of those killed in bomb blasts. It directed the government to instead come up with a workable policy to determine the quantum of compensation.

A division bench of Justices Abhay Oka and AS Chandurkar was hearing a public interest litigation (PIL) filed by advocate Rajeshwar Panchal. Panchal argued that a just and fair amount should be given as compensation to the families of those killed in bomb blasts. He contended that the income of the deceased, the social status of his/her family, and the number of dependents should be taken into account while deciding the compensation. The advocate pointed out that the Motor Vehicles Act and the Workmen's Compensation Act laid down a formula to work out such a compensation.

In June, the high court had observed that giving suitable compensation to the victims of terror attacks or blasts is a liability of the state and that such relief cannot be ex-gratia. On Tuesday, the union government informed the court that it had come out with a circular announcing an ex-gratia payment of Rs 4 lakh to the families of those killed in bomb blasts. An affidavit filed by the government stated that Rs 3 lakh would be given by the Centre, and the rest would be contributed by the respective state government.

However, the bench was not satisfied with the affidavit filed by the government and asked the Centre to file a fresh affidavit by July 30. It said that the government should come out with a policy to compensate blast victims and a standard figure in the form of ex-gratia would not serve the purpose. The judges also directed advocate general of Maharashtra Darius Khambata to appear in the matter to assist the court.

Panchal's PIL claims that 724 people had died in terror attacks and blasts in Mumbai from 1993 till the Zaveri Bazaar blasts on July 13, 2011. It says that the victims and their families had failed to get "just compensation" from the respective state governments. "After every dreadful terror attack, the ministers concerned make empty promises to prevent such incidents and eventually declare some ex-gratia, which is always a tiny amount for the victims and their family members, that too as if they are obliging the victims," the PIL states.

The PIL also urges the HC to declare that the Right to Life and Liberty under Article 21 of the Constitution included the right to secured life or the right to live with safety.

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