Delhi HC upholds Rs 3 lakh compensation to train gang rape survivor
The Delhi High Court has upheld the National Human Rights Commission's (NHRC) direction to the Railways to pay Rs 3 lakh compensation to a passenger who was gang-raped inside a train in 2012.
Justice Amit Bansal dismissed a petition by the Ministry of Railways challenging the NHRC's decision, holding that the Railways was under an obligation to provide the survivor a "safe environment."
The court said gang rape, being in the nature of a "violent attack," amounted to an "untoward incident" under the law, making the Railways liable to pay compensation.
Holding that the NHRC's direction on payment of compensation was not perverse or manifestly illegal, Justice Bansal said the commission "correctly exercised its jurisdiction in recommending immediate monetary relief to a victim of gross human rights violation."
"The fact of the matter is that the victim was a bona fide passenger who had purchased a ticket for the journey and was travelling in the train when the said incident occurred.
The Railways were obliged to provide a safe environment onboard the compartment of the train," the court observed in the order passed on July 29.
"Since the unfortunate incident occurred inside a compartment of a train, the same would be covered under the definition of an 'untoward incident' as provided in Section 123(c) of the Railways Act and the Railways would be liable to pay compensation in terms of Section 124A of the Railways Act," it said, adding, "The writ petition is devoid of merits and is accordingly dismissed."
The court directed the registry to release the compensation amount, which had been deposited by the Railways during the pendency of the case, to the survivor, along with accrued interest.
According to case details, the survivor was gang-raped inside a bogie of a passenger train at platform number 5 in Lakhisarai, Bihar, in August 2012. Following a complaint by her father, the NHRC in April 2014 held that the chairman of the Railway Board was liable to pay Rs 3,00,000 to the survivor.
The NHRC subsequently rejected a representation by the Railways, which had argued that compensation could only be decided by the Railway Claims Tribunal, and directed payment of the compensation.
In its order, the court noted that under Section 124A of the Railways Act, the Railways is liable to pay compensation for an "untoward incident" even if it was not on account of any wrongful act, neglect or default by the Railways.
It ruled that even if the gang rape was committed by private individuals who were not railway employees, this would not affect the Railways' liability to pay compensation.
The court further underscored that although the NHRC's directions are "recommendatory" in nature, they cannot be treated as mere opinions.
It said that being the outcome of a statutory inquiry conducted by an expert statutory body entrusted with the protection of human rights, the NHRC's recommendations carry persuasive value.
(Inputs from PTI)
