In the
aftermath of the Gurdaspur terror attack, the family of the slain Gurdaspur SP
refused to cremate him until all his children were given high-ranking
government positions. This was on top of the cash compensation announced by the
state and the Centre. Then there was the case of a high-profile murder case in
Delhi. Chief Minister Arvind Kejriwal
the Delhi CM announced an ex-gratia payment of Rs 5 lakhs to the family,
but politely refused when he was asked to award the same sum to other victims
of murder.
The idea of a
nation rests on its constituents believing in the concept of a state as bigger
than a land mass. There is no other explanation why in a country like India, in
the absence of a compulsory draft, youngsters voluntarily sign up for the armed
forces and similar dangerous jobs.
A news item
caught my attention recently. In the aftermath of the Gurdaspur terror attack,
the family
of the slain Gurdaspur SP refused to cremate him until all his children
were given high-ranking government positions. This was on top of the cash
compensation announced by the state and the Centre. Then there was the case of
a high-profile murder case in Delhi. Chief Minister Arvind Kejriwal the Delhi CM announced an ex-gratia
payment of Rs 5 lakhs to the family, but politely refused when he was asked
to award the same sum to other victims of murder. Clearly, the lack of a
national policy allows politicians to get into a game of oneupmanship depending
on the media coverage an event receives.
Further in the
list is the differential compensation to families of soldiers who die in the
line of duty -- compensation for getting killed in a major attack is much
higher than one for a lesser known ambush. In 2008, Minister
of State for Defence admitted in the parliament that Kargil martyrs and
those wounded in Operation Vijay received Rs 11.5 lakh more than those in other
military operations. Again, this could be directly attributed to the amount of
media attention the issue receives and the number of governing bodies
involved. Even here, in multiple cases,
the widows of the soldiers received all the money leaving the parents in a
state of misery.
In recent
accidents, the Bihar government announced ex-gracia compensation of INR four
lakh rupees to the next of kin of those killed in the April earthquake,
whereas in the case of the recent train accident
in MP, the next of kin were awarded a compensation of INR two lakh only. In
both the cases, the victims died in their sleep for factors beyond their
control.
This anomaly
continues in another provision awarding jobs on compassionate grounds to
families of government servants who die while in service. It is not required
that the death of the person concerned was while rendering the service. Hence,
even if someone dies at 59 of a heart attack, his family is often eligible to
get a job on compassionate grounds. No such provision exists, however, for
families of people working in the private sector. In 2012, the SC
observed that "Appointment on compassionate grounds cannot be claimed
as a matter of right. As a rule, public service appointments should be made
strictly on the basis of open invitation of applications and merit."
However, that does not stop families from making such demands, primarily
because a government job is still considered to be the most stable source of
livelihood.
I believe that
the government should base ex-gratia payments on a victim's potential future
earnings, his/her age, as well as the level of negligence he/she suffered.
Victims can, of course, seek legal recourse but the lengthy process deters
many.
We need to study
the system the USA followed after the 9/11 attacks. The US Congress set up a September
11th Victim Compensation Fund soon after the attacks. Payouts to families
of the deceased were decided on a case-to-case basis, taking into consideration
the economic losses suffered due to sudden death, the emotional burden it
placed on the family of the victim as well as the worth of the family's
existing collateral sources of income or insurance, with a minimum $500,000 for
deceased with dependents.
In India, the multiplicity
of agencies and politicians on the prowl for populist measures only complicate
matters. We need to create a new committee to study the various compensations
(monetary/ employment/non-monetary) awarded in the last five years and
highlight the differences. Then we need to create a framework for compensation
in all possible scenarios. Such a system would lay clear guidelines for any
compensation to be awarded and will mitigate the media factor to treat the loss
of life/health as the same in all circumstances.
A nation is best
if it treats all subjects equally, in front of or away from the spotlight.
