Chhattisgarh High Court Orders ₹1 Lakh Compensation To Mother Of Juvenile Who Died Under ‘Unnatural Circumstances’ In Observation Home

The Chhattisgarh High Court has recently ordered ₹1 lakh compensation to the mother of a juvenile offender who died in custody while being lodged in an observation home. While fixing responsibility of the erring officials, the Division Bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey cited the following observation made by the Apex Court in Ajab Singh & Anr. v. State of UP & Ors.:

“When such deaths occur, it is not only to the public at large that those holding custody are responsible; they are responsible also to the courts under whose orders they hold such custody.”

The son of the petitioner was arrested on 19.07.2019 by the Police for allegedly committing offences under Sections 457 and 380 of the IPC. On the basis of Aadhaar Card and School Certificate of the deceased, the Chief Judicial Magistrate (CJM), Bilaspur found him Juvenile and ordered to transfer him to the Observation Home, Bilaspur on 26.07.2019.

On 27.07.2019, the deceased was found hanging by a gamcha on the iron rod of a ventilator. Subsequently, the parents of the deceased made a written complaint to the SP, Bilaspur regarding the ill-treatment committed on the juvenile inmates in the Observation Home. When no action was taken in the complaint, they filed another complaint before the IG, Bilaspur.

It was submitted for the petitioner that the respondent authorities violated the rules which got substantiated by the judicial enquiry conducted by the CJM, Bilaspur, where he opined that there were serious irregularities and illegality on the part of the Police authorities, jail authorities, Officers and employees of Observation home.

It was also alleged that when the deceased was in the observation home in another case filed against him, he also complained to his parents that staff members used to abuse physically. Thus, it was demanded that all guilty officers and employees should be punished and a direction may be given to pay compensation to the petitioner.

The Advocate General appearing for the State, though strongly opposed the prayer of the petitioner, but fairly submitted that there are some irregularities in compliance of rules under the Juvenile Justice Act, in dealing with the deceased.

The Court perused the judicial enquiry report submitted by the CJM, Bilaspur. After going through the same, it was of the view that the deceased was kept alone in changing room without basic facilities, which is in violation of Rules of JJ Act.

Therefore, taking into consideration the harm caused to the petitioner by the officers and respondent authorities, the Court deemed it appropriate to order the State to pay her a compensation of Rs. 1 lakh within a period of six months from the date of order.

“It is also directed that respondent authorities to ensure compliance of Rules provided under JJ Act, and should take disciplinary proceedings against those found responsible for the death of the deceased and order accordingly,” the Court also ordered.

Case Title: Anita Yadav v. State of Chhattisgarh & Ors.

Case No.: WPCR No. 1180 of 2019

Order Dated: July 11, 2023

Counsel for the Petitioner: Ms. Priyanka Shukla, Advocate

Counsel for the Respondents: Mr. Satish Chandra Verma, Advocate General along with Mr. Chandresh Shrivastava, Additional AG

Click Here To Read/Download Order