Compensatory Justice Jurisprudence in INDIAN Public Law – An Analysis

Abstract

Compensatory Justice Jurisprudence took birth in the case of Rudal Sah when the Hon'ble Supreme Court broke one more link in the shackles of restrictive interpretation and added another feather in the cap of Article 21 to crown the personal life and liberty of people. Post Rudal, there are a series of judgments discussed in the present paper which strengthened the power of Supreme Court and High Courts to compensate the victims or their dependents for the excesses done by the State machinery or on failure of State to take care when there was a duty imposed upon them to exercise reasonable care. There are cases ranging from 'birth after vasectomy' to 'death due to open manholes' to 'custodial death' wherein Supreme Court has ventured out to grant compensation. Over a period of time, the Hon'ble Supreme Court has given a dynamic interpretation to the constitutional remedies provision under the Constitution so as to enhance the fundamental rights of an individual. The present paper examines the cases in which the Courts have awarded compensation for the excesses committed by the state or for negligence of the State as well as examine the self-imposed restrictions of Supreme Court in not awarding compensation in certain cases. However, the question always remain as to what is the rationale for providing such compensation and if granted how much is to be granted. Further what is the criterion for providing the compensation or it is ad hoc. What about the erring officials in discharging their public duty and finally whether judicial activism has led to judicial adventurism.