NHRC secures relief for kin of militant attack in J&K
New Delhi, 16 March 2005
The National Human Rights Commission has been able to secure relief by way of ex-gratia compensation to the next of kin of a victim of the militant attack at Kaluchak in Jammu & Kashmir on 14 May 2002.
A complaint was filed on 20 October 2003 by Shri J.N. Yadav who stated that he has served in the Army since last 30 years. He said that on 14 May 2002, three unidentified armed terrorist attacked an army camp at Kaluchak, J&K which caused heavy casualties. During the said attack, the terrorists killed/injured three of his family members which included his wife Premvati Devi who died and his sons Krantivir Singh and Virat Singh who were left with disabilities. He further stated that the incident has left him totally shaken, as his small family had been broken. He prayed for grant of financial assistance.
Upon receiving the petition, the Commission directed that a copy of the complaint be sent to the Secretary, Ministry of Defence, Government of India, New Delhi and Chief Secretary, Jammu & Kashmir to look into the allegations contained in the complaint and to submit their comments within four weeks.
A communication dated 4 February 2004 was received from the Ministry of Defence, Government of India with a report on the grant of ex-gratia compensation to the next of kin of the deceased members of family of Defence Service Personnel. The report inter-alia stated that the instances and the amount that could be given as ex-gratia to next of kin of the deceased Defence Service Personnel who die in harness in the performance of bonafide duties in cases are :
· where death occurred due to accidents in the course of performance of duties the compensation is Rs. 5.00 lakh,
· if death occurred/due in the course of performance of duties attributable to acts of violence by terrorists, anti-social elements the compensation is Rs.5.00 lakh,
· in death occurring during border skirmishes and action against militants, terrorists, extremists etc, the amount is Rs.7.5 lakh, and
· in death occurring during enemy action in international war or such war like engagements which are specifically notified by Ministry of Defence, it is Rs. 10.00 lakh.
It stated that there is no provision that covers ex-gratia compensation where the members of the family of defence service personnel are killed in such a situation as the militant attack in Kaluchak. But the State Government of J&K has been providing ex-gratia relief/compensation to the victims of militancy/cross firing for death, injury etc. to the next of kin of the deceased. As per the State Government orders Rs.1.00 lakh is paid to the next of kin in case of death, Rs.75,000/-, Rs.5,000/- and Rs.1,000/- for permanent disability, grievous injury and minor injury respectively, caused in terrorist incidents. The said expenditure of the State Government in this regard is being reimbursed by the Central Government. It stated that compensation of Rs.1.00 lakh has already been sanctioned in 18 cases of death by the State Government by their order dated 17 October 2002. The name of late Smt. Premvati Devi , it stated, has been covered in the said list. The details regarding financial relief to Master Krantivir Singh and Master
Virat Singh who were injured/disabled in the said incident are being ascertained from Department of J&K Affairs, Ministry of Home Affairs.
The Home Department, Government of J&K later communicated to the Commission that ex-gratia relief amounting to Rs.1.00 lakh has been sanctioned by the Deputy Commissioner, Jammu on 17 October 2002. It said that Rs. 1.00 lakh has been paid through the G.O.C. Tiger Division, Jammu to the next of kin of Premvati Yadav, W/o Sub. Jagdish Narayan. Further, the ex-gratia amount of Rs.75,000/- and Rs.5,000/- has also been sanctioned by the Deputy Commissioner, Jammu on 8 July 2003 and paid in favour of Krantivir Siangh and Virat Singh, sons of J.N. Yadav who were disabled and injured due to militants firing at Kaluchar on 14 May 2002. The sanctioned amount has been paid to them through the said G.O.C.
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The National Human Rights Commission has been able to secure relief by way of ex-gratia compensation to the next of kin of a victim of the militant attack at Kaluchak in Jammu & Kashmir on 14 May 2002.
A complaint was filed on 20 October 2003 by Shri J.N. Yadav who stated that he has served in the Army since last 30 years. He said that on 14 May 2002, three unidentified armed terrorist attacked an army camp at Kaluchak, J&K which caused heavy casualties. During the said attack, the terrorists killed/injured three of his family members which included his wife Premvati Devi who died and his sons Krantivir Singh and Virat Singh who were left with disabilities. He further stated that the incident has left him totally shaken, as his small family had been broken. He prayed for grant of financial assistance.
Upon receiving the petition, the Commission directed that a copy of the complaint be sent to the Secretary, Ministry of Defence, Government of India, New Delhi and Chief Secretary, Jammu & Kashmir to look into the allegations contained in the complaint and to submit their comments within four weeks.
A communication dated 4 February 2004 was received from the Ministry of Defence, Government of India with a report on the grant of ex-gratia compensation to the next of kin of the deceased members of family of Defence Service Personnel. The report inter-alia stated that the instances and the amount that could be given as ex-gratia to next of kin of the deceased Defence Service Personnel who die in harness in the performance of bonafide duties in cases are :
· where death occurred due to accidents in the course of performance of duties the compensation is Rs. 5.00 lakh,
· if death occurred/due in the course of performance of duties attributable to acts of violence by terrorists, anti-social elements the compensation is Rs.5.00 lakh,
· in death occurring during border skirmishes and action against militants, terrorists, extremists etc, the amount is Rs.7.5 lakh, and
· in death occurring during enemy action in international war or such war like engagements which are specifically notified by Ministry of Defence, it is Rs. 10.00 lakh.
It stated that there is no provision that covers ex-gratia compensation where the members of the family of defence service personnel are killed in such a situation as the militant attack in Kaluchak. But the State Government of J&K has been providing ex-gratia relief/compensation to the victims of militancy/cross firing for death, injury etc. to the next of kin of the deceased. As per the State Government orders Rs.1.00 lakh is paid to the next of kin in case of death, Rs.75,000/-, Rs.5,000/- and Rs.1,000/- for permanent disability, grievous injury and minor injury respectively, caused in terrorist incidents. The said expenditure of the State Government in this regard is being reimbursed by the Central Government. It stated that compensation of Rs.1.00 lakh has already been sanctioned in 18 cases of death by the State Government by their order dated 17 October 2002. The name of late Smt. Premvati Devi , it stated, has been covered in the said list. The details regarding financial relief to Master Krantivir Singh and Master
Virat Singh who were injured/disabled in the said incident are being ascertained from Department of J&K Affairs, Ministry of Home Affairs.
The Home Department, Government of J&K later communicated to the Commission that ex-gratia relief amounting to Rs.1.00 lakh has been sanctioned by the Deputy Commissioner, Jammu on 17 October 2002. It said that Rs. 1.00 lakh has been paid through the G.O.C. Tiger Division, Jammu to the next of kin of Premvati Yadav, W/o Sub. Jagdish Narayan. Further, the ex-gratia amount of Rs.75,000/- and Rs.5,000/- has also been sanctioned by the Deputy Commissioner, Jammu on 8 July 2003 and paid in favour of Krantivir Siangh and Virat Singh, sons of J.N. Yadav who were disabled and injured due to militants firing at Kaluchar on 14 May 2002. The sanctioned amount has been paid to them through the said G.O.C.
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