State's Duty To Ensure Extra Care For Person In Their Custody Having Suicidal Tendencies: Punjab & Haryana High Court

The Punjab and Haryana High Court has awarded a compensation of Rs. 5 lakh to the family of a youth who committed suicide in the De-addiction Centre of a Civil Hospital. While doing so, a division bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeewan observed,

"It was the duty of the State as he was in their custody to ensure that even if he had suicidal tendencies, sufficient care should have been extended towards him and an extra watch should have been kept so that he would not have been successful in his attempts."

The Court was hearing a batch of petitions, along with the suo moto cognizance taken in 2013 based on a letter received from a retired IPS Officer, Shashi Kant, highlighting the drug menace in Punjab. During pendency of the case, authorities such as the CBI and ED were added as respondents and various directions were issued to curb drug addiction, supply, and peddling, as well as to apprehend those involved.

One of the pleas was filed by the family of the 35-year-old youth, alleging that he was abetted to commit suicide by a ward attendant who admittedly slapped him. However, according to a magisterial inquiry, the reason given for his suicide was his depressed mood due to his past relationship and family problems.

Looking at the facts and circumstances, the Court observed, "...sensitivity of the attendants has to be enhanced as to the manner in which the patients are to be treated. Apparently on account of the lack of sensitivity and the behavior the end result has been that one of the patients who was suffering on account of the various family problems has committed suicide in the bathroom of the de-addiction centre."

The bench also highlighted that the State shares responsibility for the fact that the petitioner lost his son, as he had hoped that the de-addiction center would cure him.

Finally, the Court disposed of the suo moto proceeding after 10 years, observing "...it is for the education department to ensure that the syllabus provides for the harms of drug usage, which could be incorporated in the early years of education... so that students are well versed and educated about the wrong doing that they would be indulging in if they experiment with drugs." 

Appearance: Raj Kumar Gupta, Amicus Curiae in CWP-20359-2013. Gaurav Mohunta, Amicus Curiae in CWP-3-2017.

R.S. Cheema, Senior Advocate with Mr.A.S.Cheema, Mr.Siddharth Bhukkal, Advocates for the intervener (in CM-5610-CWP-2023).

R.S.Rai, Sr.Advocate with Mr. P.S. Ahluwalia &Mr.Vipul Joshi, Advocates for the applicant-Dinkar Gupta (in CM-7809-CWP-2023).

R. Kartikeya, Sidhu Bansal, Ridhi Bansal, R.Akanksha, Advocates for Mr. Siddharth Chattopadhyaya.

Case Citation: 2023 LiveLaw (PH) 174

Case Title: Court on Its own Motion v. State of Punjab

Click here to read/download the order.