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THE CHAIRMAN RAILWAY BOARD & ORS VS. MRS. CHANDRIMA DAS AND ORS case brief by harsh gupta

 THE CHAIRMAN RAILWAY BOARD & ORS VS. MRS. CHANDRIMA DAS AND ORS AIR 2000

SUPREME COURT OF INDIA

The Chairman, Railway Board & ors

Petitioner

                                                 Vs.

Mrs. Chandrima Das & ors

Respondent


Brief Facts-

  • Mrs. Chandrima Das(respondent herein), a practicing advocate of the Calcutta High Court, filed a petition under Article 226 of Constitution against the Chairman of Railway Board(appellant herein), claiming compensation for the victim (Smt. Hanuffa Khatoon), a Bangladeshi National who was gang-raped by many including employees of the Railways in a room at Yatri Niwas at Howrah Station.

  • The HC awarded a sum of Rs. 10 lakhs as compensation for Smt. Khatoon. The HC was of the opinion that the rape was committed at the building belonging to the Railways and was perpetrated by the railway employees and thus the Railway board is vicariously liable.

  • This appeal is against the HC judgment in favor of Chandrima Das.


Issues-

  • Is it right to contend that the Central Government can’t be held vicariously liable for the offence of rape committed by the employees of the Railways?

  • Is it right to contend that for claiming damages for the offence perpetrated on Smt. Khatoon, the remedy lay in the domain of private law and not under public law and, therefore, no compensation could have been legally awarded under Article 226?


Judgment

  • The HC has jurisdiction not only to grant relief for the enforcement of fundamental rights but also for ‘any purpose’ which would include the enforcement of public duties by public bodies.

  • This is done to prevent the State or the public bodies from acting in an arbitrary manner. SC, in a number of cases, has awarded compensation for the personal injuries caused by the officers of the government, like in Rudal Shah Vs State of Bihar. Therefore, compensation can be legally awarded in this case under public law, i.e. Article 226.

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