'Should Hurt The State Next Time A Person Dies In Custody': Meghalaya High Court Calls For Punitive Compensation For Custodial Deaths

“It is possible that a classification may also be made as to quantum based on the age of the person at the time of his death. It is also intended that the quantum of compensation for unnatural death in custody should be fixed at a punitive rate so that it is a real deterrent and it hurts the State government the next time that a citizen dies in its custody.”

The court was hearing a PIL on the issue of custodial deaths in the state. The PIL pointed out that there have been 50 custodial deaths in the state since 2012. The state government had paid compensation in some of these cases, but the amount was not enough to compensate the families of the victims.

During the course of the hearing, the bench noted that the state had previously published a notification setting the compensation amount at Rs.7.5 lakh for unnatural deaths during custody. However, it highlighted a precedent from 2018 where a compensation of Rs. 15 lakhs was awarded in a case involving torture resulting in death while in custody.

The bench further said that the quantum of compensation should be fixed based on the age of the person who died in custody, the circumstances of the death, and the financial condition of the victim's family. It added that the compensation should be paid within a reasonable time.

Observing that since previous notices were issued to the next of kin of the 50 persons who died in custody in the State since the year 2012, the bench emphasised that it will be open to the relatives of those who suffered custodial deaths to be represented in Court at the time of the next hearing.

The matter has again been listed on August 28, 2023 for further consideration.

Case Title: In Re suo motu custodial Vs. State of Meghalaya & Ors. violence & other matters relating to prison conditions

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