Right To Compensation

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Right to Compensation

• According to the view of the liberal world, respect for


human rights also mean, providing adequate relief if those
human rights are violated.
• The right of compensation for the violation of fundamental
rights is derived from the rights that were violated.
• As a matter of fact, it is inherent in them, for example, a
person’s right over his body, makes the other duty bound and
forbids him to attack or injure without any justification.
Moreover, this right over one’s body also gives him the right
to compensation if he’s attacked unjustifiably, in order to
help the him recover mentally and physically. Compensation
is both acknowledgement of the violated right and an attempt
to reimburse for the damage.
Remedy of Compensation under Article 32
Compensation to victims is a perceived guideline of law
being upheld through the conventional common
courts.The seed of compensation for the breach of the
rights implicit in Article 21 was first sowed in Khatri,
Sant Bir and Veena Sethi, which sprouted with such a
vigorous growth that it finally enabled the Court to hold
that the State is liable to pay compensation.

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