'Death In Custody A Slur On A Civilised State': Meghalaya HC Fixes Quantum Of Punitive Compensation (₹10-15 Lakh) For Custodial Deaths In State

Stressing that a death in custody is a "slur" on a civilised State and the same is "completely unacceptable", the Meghalaya High Court last week fixed the quantum of compensation, for 'unnatural' deaths in police custody, payable to the next of kin based on the age of the victim. A bench of Chief Justice Sanjib Banerjee and Justice H.S. Thangkhiew ruled that the Meghalaya Government would have to pay an amount of Rs.15 lakh to the next and kin of the victim who was below 30 years of age (on the date of death), a sum of Rs.12 lakh if the victim was below the age of 45 years and, a sum of Rs.10 lakh if the victim was above 45 years of age.The court clarified that the amounts (of Rs.15 lakh, Rs.12 lakh and Rs.10 lakh) in the three categories would hold good till the end of the year 2024, whereupon they will stand increased by Rs.1.5 lakh at the highest level and by Rs.1 lakh each at the two other levels for the next period of three years. The Court has also directed that the quantum of compensation should be enhanced every three years so that it is sufficient damages for the next of kin and the deterrent factor is also maintained to the same degree.With this, the court closed the suo moto PIL concerning the issue of custodial deaths in the state. Significantly, in the course of these proceedings, it had come to light that there have been 53 custodial deaths in the State since 2012, of which a total of 25 cases were found to be due to natural causes and the remaining 28 were found to be cases of unnatural deaths. The Court has been monitoring the PIL since 2017.In its August 28 order, the Court observed that if any person dies while in the State’s custody, unless the State is able to affirmatively establish that the cause of death was natural, it would have to be inferred that the person died an unnatural death.During the previous hearing in the matter, the Court had asked the state government to come up with a policy fixing a punitive rate of compensation for unnatural deaths in custody. In response to this, the State Government published a notification setting the compensation amount at Rs.7.5 lakh for unnatural deaths during custody.However, the Court was not convinced with the quantum of compensation as it noted that in the year 2018, a compensation of Rs. 15 lakhs was awarded in a case involving torture resulting in death while in custody and the same was not objected to by the state. Therefore, the Court set aside the notification of the Government and fixed the quantum as aforementioned. Further, the Court, in its order, noted that once such a standard had already been set in the State wherein a compensation of Rs.15 lakh was awarded to an 18-year-old dying as a result of police brutality while in custody, there was "no good reason" for reducing the quantum five years down the line.Interestingly, the Court also observed that if the State was comfortable paying an amount (Rs. 7.5 lakh in the case at hand) it almost "amounted to endorsing its wrongdoing and perpetuating the same" rather than paving the way for there being no unnatural death while in custody.Against this backdrop, underscoring that if police brutalities and inhuman treatment of persons in custody have to be arrested the compensation for custodial death has to be pegged at a level where the State will "bleed to make the payment not what the State is happy to pay off", the Court observed thus:"The State’s liability in such regard is absolute and unless it demonstrates to the satisfaction of the Court that the death was due to natural causes, the Court may reasonably infer otherwise and hold the State liable. The State ought also to be liable for the actions of its officers and employees. It is possible that in several cases exuberant officials would go beyond the call of duty or the SOP in place. In such cases, the State will remain liable for the acts and conduct of its officials, but the State will also be free to proceed against such officials and even extract the compensation that it has to pay from such officials in accordance with law," the Court added.Consequently, fixing the quantum of compensation the Court said that all the next of kin of the persons who suffered unnatural deaths since 2012 should be entitled to compensation at the rates aforementioned.The Court also directed that in case the next of kin are not interested in contesting the proceedings or even collecting the compensation upon the death of the relevant person, the amount for that particular victim should be put into the Cancer Department of the Civil Hospital in Shillong for the purpose of augmentation of equipment at such facility. "The Secretary in the Department of Health will be responsible to ensure that the money is disbursed by the State and, upon the next of kin of the deceased victim not being available or willing to accept the payment, the money is immediately made over to the Cancer Department of the Civil Hospital in Shillong," the Court ordered as it...

'Death In Custody A Slur On A Civilised State': Meghalaya HC Fixes Quantum Of Punitive Compensation (₹10-15 Lakh) For Custodial Deaths In State

Sparsh Upadhyay

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