Cal HC quashes order issued by State Legal Services Authority

The Calcutta High Court on Wednesday quashed an order of the West Bengal State Legal Services Authority (SLSA) that directed two victims of human trafficking to deposit 75 per cent of the compensation granted to them in a monthly income scheme for 10 years.

Setting aside and quashing the SLSA order, Justice Sabyasachi Bhattacharyya observed that it has no authority to control and monitor the compensation disbursed to a victim who has attained the age of 18.

As it is, the quantum of compensation is meagre and ought not to be fettered, the court observed.

"We are in 2020 now, and not in 1984. As such, the 'Big Brother' approach of the disbursing authority should be shunned and the victim should be free to spend the compensation granted to her/him at her/his option," Justice Bhattacharyya said.

The two victims had moved the high court challenging a direction of SLSA member secretary that asked them to deposit 75 per cent of the awarded amount with a nationalised bank in a monthly income scheme for 10 years.

While one woman was granted a compensation of Rs 3 lakh vide an order dated August 9, 2019, another, who had been a victim of trafficking as well as rape, was granted Rs 4 lakh on an order issued on September 6, 2019.

The SLSA had also directed them to file a compliance report within 40 days from the date of receipt of the compensation.

Counsel for the petitioners in both the cases argued that such curbs was de hors (outside the scope of) the provisions of the West Bengal Victim Compensation Scheme, 2017, framed by the West Bengal government.

The court noted that the victims in both the writ petitions were over 18 when the compensation was awarded.