Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Articles 32 226 Public Law Law of Torts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950-Articles 32, 226-Public Law Remedies-Availability of-Claim of compensation in a writ petition under Article 226 from the Railways for the offence of rape committed by its C employees on the victim, a Bangladeshi national-maintainability of-Held, Public Law Remedies have also been extended to the realm of tort and would be available notwithstanding that a suit could be filed for damages under Private Law, where public functionaries are involved and the matter relates to the violation of Fundamental Rights or the enforcement of public duties-Grant of compensation of Rs. 10 lacs to the victim by the High Court, upheld. Public Law-Relief under, to a foreign national-Grant of-Held, the victim was entitled to all the constitutional rights available to a citizen w far as 'Right to life' was concerned as the Constitution guarantees all the basic and fundamental human rights set out in the Universal Declaration of Human Rights to its citizens and other persons-Right to life includes right to live with human dignity and rape violates this right of a woman-State under a Constitutional liability to pay compensation to the rape victim as the right available to her under Article 21 was violated-Constitution of India, 1950-Articles 14, 15, 16, 19, 20, 21, 22- Universal Declaration of Human Rights 1948- Articles 3, 7, 9. Law of Torts- Vicarious liability-Existence of-Held, employees of the Union of India deputed to run the Railways and to manage the establishment, including the Railway Stations and Yatri Niwas, are essential components of G the Govt. machinery carrying on commercial activity and for any act of tort committed by .Such employees, the Union Govt. would be vicariously liable in damages to the person wronged by those employees-Functions of the Govt. in a We if are State are man if old, all of which cannot be said to be the activities relating to exercise of Sovereign powers-Contention that liability H under the law of torts would arise only when the act complained of was performed in the course of official duty, held to be wholly bad-Govt. held to A be vicariously liable for the offence of rape committed at the building belonging to the Railways and perpetrated by Railway employees. Public Interest Litigation-Locus Standi-Concept of-Petition filed in public interest by the respondent, a practising Advocate of High Court, for various reliefs including the relief for compensation for the victim of rape- Held, could legally be filed by the respondent, though the respondent was not in any way connected or related to the victim. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 2000 INSC 38 |
Petitioner | The Chairman, Railway Board And Ors. |
Respondent | Mrs. Chandrima Das And Ors. |
SCR | [2000] 1 S.C.R. 480 |
Judgement Date | 2000-01-28 |
Case Number | 639 |
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