Reminder of a Dark Tragedy: On Friday 13th June 1997 the Uphar Cinema in Green Park, New Delhi had a fire. In the tragedy 59 people died and 103 were seriously injured. In a landmark decision the Ansal brothers were let of lightly with a 25 Cr. compensation a breakthrough in civil compensation law in India. Though the Hon’ble Supreme Court halved the compensation. The balance jail term of Gopal Ansal was reduced to only One Year and further detention of Sushil Ansal was exempted due to old age.
Monetary compensation to the heirs of a victim who is killed by the convict in liue of death penalty is referred both in Christianity and Islam. The decision in the Uphar tragedy has traces of a Legal Pathology brutally called Blood Money.
Today Again: Two Kerala Fishermen were shot in February 2012 by Italian Marines aboard the ship Enrica Lexie. Detailed negotiations initially took place and an award was given on 21 May 2020 by the Arbitral Tribunal set up under the UN Convention on the Law of the Sea (UNCLOS). Marines will be let off in lieu of Rs 10 Cr. compensation. The Hon’ble Supreme Court has agreed to close the Criminal Cases. Earlier the Marines were even allowed to go (Parole) to their home country for Christmas Holidays too.
While the media is making the news of the bold compensation more pronounced captioning as Hard bargain, the Flip Side is the trend to compensate by the rich for having done a criminal wrong and skip punishment (Jail or Death).
While the Uphar Tragedy was a trend setter, the Kerala Fishermen case endorses the Indian Legal MindSet shift towards Blood Money and is hailed by the media.
Suppose the sentence was a combination of compensation and rigorous imprisonment? How would society react?
In the modern era, diya (monetary compensation to the kin of person killed by the killer) plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates.
Where is India going?
[The views expressed are of the author Lt. Col. Atul Chaudhary (V) I.A. a prolific writer and thinker] |
Lt. Col. Atul Chaudhary (V) I.A. |
