Punjab Mass Cremation: State Government directed
to pay Rs. 2.5 lakh compensation
A three member bench consisting of Dr. Justice A.S. Anand, Chairperson, Justice Y. Bhaskar Rao, Member and Shri R.S. Kalha, Member of the National Human Rights Commission passed an order on 11 November 2004 holding the State Government of Punjab as being "vicariously liable" for the deaths of 109 people in police custody during the period of 1984 -1994. The Commission has directed the Punjab Government to pay a compensation of Rs. 2.5 lakh each to the next of kin of the victims.
The Commission stated that "The State of Punjab is accountable and vicariously responsible for the infringement of the indefeasible right to life of those 109 persons as it failed to safeguard their lives. Citizens should treat this order as an application of balm to whatever wounds were still left and to engage themselves to make the State of Punjab more prosperous and peaceful, in keeping with the great traditions of the State". The Commission observed that this order should not be considered in the spirit of 'Win' or 'Loose' as, indeed, it is not meant to be so construed.
This is the first time that compensation has been awarded by the Commission for the alleged cremations of 2097 bodies as "unclaimed or unidentified" in the Police Districts of Amritsar, Majitha and Tarn Taran in Punjab. However, the Commission has clarified that it was not expressing any opinion about the culpability or otherwise of any police official in its order. The Commission directed that the disbursement of the amount should be made by the DM or SDM of Amritsar within two months of receiving it.
Half of the Rs.2.5 lakh compensation has to be paid directly to the next of kin and the rest should be kept in a fixed deposit for five years, the Commission said. The next of kin of the victims can draw interest on the fixed deposit.
Earlier, the Punjab Police in its affidavit before the Commission admitted that the 109 people were in its custody before they died and were cremated. The Commission further said it "unhesistantly" holds that "human rights of these 109 persons stood invaded and infringed when they lost their lives, while in the custody of the police". The Commission has been hearing the case to consider grant of compensation as per the Supreme Court Order dated 12 December 1996.
The Commission stated that "The State of Punjab is accountable and vicariously responsible for the infringement of the indefeasible right to life of those 109 persons as it failed to safeguard their lives. Citizens should treat this order as an application of balm to whatever wounds were still left and to engage themselves to make the State of Punjab more prosperous and peaceful, in keeping with the great traditions of the State". The Commission observed that this order should not be considered in the spirit of 'Win' or 'Loose' as, indeed, it is not meant to be so construed.
This is the first time that compensation has been awarded by the Commission for the alleged cremations of 2097 bodies as "unclaimed or unidentified" in the Police Districts of Amritsar, Majitha and Tarn Taran in Punjab. However, the Commission has clarified that it was not expressing any opinion about the culpability or otherwise of any police official in its order. The Commission directed that the disbursement of the amount should be made by the DM or SDM of Amritsar within two months of receiving it.
Half of the Rs.2.5 lakh compensation has to be paid directly to the next of kin and the rest should be kept in a fixed deposit for five years, the Commission said. The next of kin of the victims can draw interest on the fixed deposit.
Earlier, the Punjab Police in its affidavit before the Commission admitted that the 109 people were in its custody before they died and were cremated. The Commission further said it "unhesistantly" holds that "human rights of these 109 persons stood invaded and infringed when they lost their lives, while in the custody of the police". The Commission has been hearing the case to consider grant of compensation as per the Supreme Court Order dated 12 December 1996.