The Supreme Court today issued notice on a Public Interest Litigation seeking direction on the States and the Union Territories for the implementation of a uniform policy for grant of ex-gratia compensation to the victims of hate crime and mob lynching.

The Bench of Justice K.M. Joseph and Justice B.V. Nagarathna issued notice to the Central Government and the States and directed them to file their counter affidavit within 8 weeks of the service of the notice. The Bench has directed that the counter affidavit should contain details with regard to the implementation of the directions in the judgements of Tehseen Poonawalla.

Incidentally, the Bench of the Chief Justice is already seized of a matter alleging attacks on Christians in the Country, wherein the Court has already said that it will limit the purview of the case to implementation of the guidelines issued in Tehseen Poonawalla's case.

The PIL filed under Article 32 of the Constitution alleges that a whimsical, discriminatory and arbitrary approach is adopted by State Governments in the grant of ex-gratia compensation to the victims of hate crime/mob lynching and states that there is no comprehensive and uniform policy/guidelines to compensate the particular kind of tragedy.

"State Government’s in the grant of ex gratia compensation to the victims of heinous crime/hate crimes/lynching shows glaring discrepancies, which in most cases depend on extraneous factors like media coverage, political imperatives and the victim’s religious identity", reads the plea.

Further, it states that the discriminatory approach adopted by State Governments against a class of citizens is on the ground of their religion alone. the plea says that the rule of law requires that all the victims be treated equally under the law, regardless of their religion, race, caste, sex or/and place of birth and that above all, the State is charged to uphold the rule of law, its conduct, therefore, has to be fair and not arbitrary.

The plea prays for the implementation of compensation policy by various State Governments in compliance with the judgment passed in Tehseen Poonawala Vs. Union of India [2018] 9 S.C.R. 291 in letter and spirit. The petition quotes the Supreme Court's directions to the State Governments to prepare a lynching/ Mob Violence compensation scheme in light of Section 357A of Cr.P.C.

The petitioner has alleged that the arbitrary discriminatory practice of granting compensation by a constitutionally elected Government in a matter of this sensitiveness and magnitude is against the wisdom inherent in India's Constitution. This kind of discrimination is prohibited by the non-discrimination guarantee in Article 15 of the Constitution, the plea says.

The petitioner has claimed the following reliefs in the PIL:

A. Issue appropriate writ, order or directions/guidelines directing the respondents to enact and implement uniform policy for grant of ex gratia compensation to the victims of hate crime/ mob lynching, and;

B. Issue appropriate writ, order or directions commanding the respondents to suitably modify the existing victims compensation schemes framed pursuant judgment of this Hon’ble Court in Tehseen Poonawalla(supra) in order to provide just, fair and reasonable monetary compensation to the victims of hate crime/mob lynching

The petitioner has been filed through Advocate-on-Record Rizwan Ahmad

Cause Title: Indian Muslim for Progress and Reforms IMPAR v. Union of India and Ors. [W.P.(C) No. 428/2023]

Click here to read/download the Order


Justice KM JosephJustice BV NagarathnaHate CrimeHate Speech

Ramey Krishan Rana