The court is considering the benefits owed to the victim's family under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. While Rs. 25 lakhs has been paid, the court notes other potential benefits under Rule 12(4) and Annexures 1-2 of the Act's Rules, including a basic pension of Rs. 5000 per month, employment for one family member, agricultural land, housing, education costs, and household supplies for 3 months. The court asks counsel to address whether the victim's family has received all benefits owed under the Act and Rules, such as housing and employment. The case is scheduled for further hearing on September 24th.

1. Court No. - 2
Case :- P.I.L. CIVIL No. - 16150 of 2020
Petitioner :- Suo-Moto Inre: Right To Decent & Dignified Last
Rites/Cremat
Respondent :- State Of U.P. Thru Additional Chief Secretary,Home And
Ors.
Counsel for Petitioner :- Abhinav Bhattacharya,Ajit Singh,Anjani Kumar
Mishra,Ashish Kumar Agarwal,Atul K. Singh,Atul Kumar Singh,Digvijay
Singh Yadav,Jaideep Narain Mathur (Ac,Nadeem Murtaza,Onkar
Singh,Pradeep Kumar Singh,Seema Kushwaha,Sharad Bhatnagar
Counsel for Respondent :- C.S.C.,Ashok Shukla,Dr. Ravi Kumar
Mishra,Manjusha,Pranjal Krishna,Satyaveer Singh
Hon'ble Rajan Roy,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Jaideep Narain Mathur, lerned Senior Counsel
alongwith Sri Abhinav Bhattacharya, Amicus Curiae in the
matter; Ms. Seema Kushwaha, learned counsel for the victim's
family, Sri S.P. Raju, learned Senior Counsel through video
conferencing alongwith Sri Pranjal Krishna, Advocate.
One of the issues which arises for consideration at this stage
pertains to the benefits made available to the victim and/or her
family as per the provisions of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. In this
context we have been informed by Ms. Seema Kushwaha,
Advocate that an amount of Rs. Twenty Five Lakhs has been
paid to the victim's family, however, learned Amicus Curiae and
also Ms. Kushwaha have invited our attention to Rule 12 of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Rules, 1995, specifically sub-Rule (4) thereof and
Annexure-1 read with Annexure-2 Schedule annexed to the said
Rules which prescribe relief in cash or in kind or both, to be
extended within 7 days, to the victims of atrocity, their family
members and dependents according to the scale as provided in
the said annexures.
Annexure-1 refers to "Norms For Relief Amount". Learned
counsel has invited our attention to Item Nos. 32, 44, 45 and 46
of Annexure No. 1 to contend that it is to be considered as to
whether the various reliefs provided in the said annexure are to
be added so as to arrive at the final sum payable to the victim or
her family in terms of money or they are exclusive. Moreover, it
is also an issue to be considered as to the scope of Item No. 46
of Annexure-1 which includes payment of a basic pension to the
widow or other dependents of the deceased person belonging to
a Scheduled Caste or Scheduled Tribe amounting to Rs.
5000.00 per month as applicable to a government servant of the

2. concerned State Government or Union Territory Administration,
with admissible dearness allowance and employment to one
member of the family of the deceased, and provision of
agricultural land, a house, if necessary by outright purchase;
full cost of education upto Graduation level etc. and provision
of utensils, rice, wheat, pulses etc. for a period of three months.
It is in this context that a lot of emphasis was laid that a house
and employment as envisaged under the aforesaid provisions
hae not been provided, as is mandatory, nor has the pension
been provided.
Let the learned Amicus Curiae as also other counsels appearing
for the victim's family and for the State etc. address the Court
on these aspects relating to the benefits to which the victim's
family is entitled under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and Rules made
thereunder as also the benefits which have already been made
available to them.
List this case on 24.09.2021 at 3.15 p.m.
.
(Jaspreet Singh, J.) (Rajan Roy, J.)
Order Date :- 16.9.2021
A.Nigam