By Matters India Reporter

Bhubaneswar, April 30, 2020: Recently, the Odisha Legal Aid Centre secured a significant legal victory. It brought justice for Babita Nayak, daughter of a person who was killed in the 2008 anti-Christian violence in Odisha’s Kandhamal district.

She had been wrongly denied compensation by the Odisha government, although she is the only surviving legal heir of her father.

Previously, under a government scheme, Babita’s mother had received a compensation of 500,000 rupees (200,000 from the state government and 300,000 from the Central government) for his death. Babita’s mother died a natural death in 2009.

In 2016, in a batch of cases in a Public Interest Litigation, the Supreme Court directed the grant of additional compensation to victims of the Kandhamal violence. In case of death, an additional compensation of 300,000 rupees was directed to be given by the state government to the next of kin of the victims.

Babita became eligible to receive the benefit declared under that judgment, being the next of kin and only surviving legal heir. However, the state government which was a party before the Supreme Court did not comply with the apex court directions.

Pratap Chhinchani, who heads the Odisha Legal Aid Cell of the Indian unit of Alliance Defending Freedom, found out the state government had not paid the additional compensation directed by the Supreme Court. He filed 14 writ applications on behalf of as many Kandhamal widows. This included Babita (whose deceased mother had been widowed due to the violence).

The writ applications woke up the state government and it released 170 million rupees as additional compensations. Most eligible persons received their dues, not Babita and another client. Chhinchani asked them to file their claim before the District Collector.

When no action was taken on their petition by the collector, a writ petition was filed on their behalf. Thereafter, the other client received her dues, but Babita was denied the compensation on the ground that she was already married. However, the other client was also the married daughter of a deceased victim.

Chhinchani, having learnt of the denial, filed a fresh writ petition on behalf of Babita, believing the collector’s decision was unjust, arbitrary, and suffering from non-application of mind. When the matter came up before the Odisha High Court, notice was issued to the state respondents, including the collector.

The collector immediately deposited 300,000 rupees into Babita’s account. If it wasn’t for Babita’s tenacity and Chhinchani’s perseverance the young woman would have been denied justice.

The Kandhamal violence took place 12 years ago. This goes to show the long and arduous path to justice for victims of communal violence. In fact, there is never a “return to normalcy.” This is especially significant in the wake of the recent carnage that took place in the national capital, leading to the deaths of more than 50 civilians.

Central and state governments must take preemptive measures to prevent and also respond quickly to curtail the irreparable damage caused due by large scale and unchecked communal violence. Religious minorities, Dalits and Tribals suffer the most.

Source: adfindia.org