An analysis of most of the inquiry reports into communal riots by Human Rights NGOs as well as by several official commissions reveals the failure of the law-enforcing agencies to impartially enforce law for prevention and control of riots and for speedily bringing the rioters to Justice.

 In view of this, leading Jurists, human rights (activists) intellectuals and scholars specialising in the area consider major communal riots as cuipable failure of governance ... This view gives legitimacy to the demand often made by minority group who have generally suffered heavy loss of life and property in riots ... for payment of adequate compensation under law to (victims) of communal riots.

Agreeing with this view the National Commission for Minorities in 1979-80 had "strongly urged upon the Government to pass appropriate Legislation and formulate schemes for giving compensation to victims of communal riots"

Section 1 clause 1 of the Prime Minister's Fifteen Point Programme on Minorities of 1983 holds prevention of communal tension as one of the primary duties of the DMs and SPs; and Clause 5 takes it as government's responsibility to provide the victims of communal riots with relief and adequate financial assistance for their rehabilitation.

No State Government has, however, considered it a legal obligation to provide relief and financial assistance for their rehabilitation to victims of riots.

For the first time in a landmark judgement delivered by Justice Anil Dev Singh of the Delhi High Court on 5 July, 1996 in the Civil Writ Petition No. 1429 of. 1996, the learned court has taken the view that in the situation that obtained during anti-Sikh riots in Delhi in 1984 the Government "cannot escape the liability to pay adequate compensation to the family of the person killed during riots as his or here life has been extinguished in clear violation of Article 21 of the Constitution", awarding to the petitioner, a widow of a person killed in rioting, an amount of Rs. 2 lakhs with interest as compensation. It also directed the Delhi State Government to identify all such cases and provide within four months (the same) compensation to them.

The learned court has also pointed out the need for enacting a law providing for adequate compensation to victims of riots. The law, in its view, should also provide for locating administrative responsibility for riots, and derelict officials of the state to make. reparations to the victims and to face disciplinary proceedings.

In view of the fact that neither the Government of Delhi nor of any other State or any individual or organisation challenged in the Supreme Court the interpretation of Article 21 by the Delhi High Court in its judgement of 5 July, 1996 in the case cited above and in view of the fact that no other law is in existence in any of the States and Union territories of India dealing with payment of compensation (in) communal riots contrary to this opinion, the said judgement of the Delhi Court should be treated as one of "the laws within the territory of India" whose equal protection has been guaranteed under Article 14 of the Constitution to all persons, irrespective of their origin, affiliation, faith and domicile or even citizenship.

As the protection of Human Rights Act (1993), Chapter III Clause 12, especially sub-clause (d) and (j), have entrusted the National Human Rights Commission with the responsibility of reviewing the "safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights" and of recommending "measures for their effective implementation" and with "such other function as it may consider necessary for the promotion of human rights", the Commission may forcefully impress upon Governments of all states and Union Territories of India to uniformly implement the law as enunciated by the Delhi High Court in its judgement of 5 July 1996 in all ... communal riots .... within their jurisdiction in the past without any limitation of time, especially since 1980 till date, and pay the amount of compensation at the rate of Rupees two lakhs with interest to the next-of-kin of those killed.

The Commission may consider, if necessary, approaching the Supreme Court for a direction to Governments of all States and Union Territories ..

The Commission may also consider strongly recommending to the Union and State Governments the need for enactment of comprehensive laws dealing with compensation to all those who suffer loss of life, limb or property in such communal riots. Such laws may also provide for fixing executive and administrative responsibility, so that all such persons held responsible for failure to prevent and control riots within reasonable time and those who act with partiality or prejudice against any community or section of people may be duly punished.