Calcutta High Court Orders State Govt To Pay 15 Lakh Compensation To Family Of Teenager Who Died In Police Custody

The Calcutta High Court has awarded a compensation of Rs. 15 lakh to the family of a 15-year-old who died an unnatural death in police custody at the Mallarpur Police Station of Birbhum district in 2020.

While hearing a PIL and Suo Motu Writ Petition regarding the incident, the division bench of the Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya said "there is a sorry state of affairs" in which a young boy of 15 years died in police custody.

“The father of the victim boy is said to have been offered a temporary job in a panchayat and the family is living below the poverty line. Thus, considering all the aspects, we are of the view that a sum of Rs.15 lakhs shall be paid as compensation to the family of the victim boy. This amount has been quantified by us by taking note of various factors including the fact that the recommendation of NHRC recommending Rs.6 lakhs monetary relief for custodial death (police) was in the year 2021 and compensation is being ordered by this Court in 2023,” it added.

The bench directed the State to pay the amount of Rs. 15 lakh within 15 days.

The court said it is the duty of the State to sensitize all its police officers on their duties and responsibilities under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017.

“The rules are in place but all that is required is to implement the rules and to sensitize the police officers about the duties, which they have to discharge while dealing with the children in conflict with law,” the court said.

Advocate General S. N. Mookherjee informed the court that disciplinary action was taken against the police officers who were stationed in the police station and order of punishment was also issued.

However, the court noted the order of punishment is stoppage of annual increment for a period of one year. It added that the same was thoroughly inadequate considering the gravity of the charge.

The court elaborated the various Rules (specifically Rule 8) provided under the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017 and directed the State to take steps in terms of the Rules and issue appropriate guidelines giving wide publicity, and ensure that all police stations carry the necessary information as mandated under the Act and the Rules.

The court further said that the State should conduct periodic sensitisation programmes to all police officers irrespective of whether they man a special police team or a woman police station as to how they should discharge their duties while dealing with the children in conflict of law.

“The above directions shall be taken note of by the appropriate authority of the State Government and effective procedures be put in place and the State Government can also formulate a Standard Operating Procedure (SOP) as a guidance note to all the police officers while dealing with the children in conflict with law,” it added. 

The court directed the State to comply with the directions within a period of three months.

Case Title: In Re: Unnatural death of a teenaged boy in Mallarpur; Arijit Adhikary v. State of West Bengal & Ors.

Coram: The Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya

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