Karnataka Govt Introduces Compensation Policy For Unnatural Deaths In Prisons, High Court Disposes PIL

The Karnataka government has informed the High Court that it has introduced a policy aimed at providing compensation to the next of kin or legal heirs of deceased prisoners who have met with unnatural deaths while in prison.

The submission was made in a suo motu plea initiated to ensure the implementation of directions issued by the Supreme Court on September 15, 2017, in Re Inhuman Conditions in 1382 Prisons aimed at identifying cases of unnatural deaths in prisons and providing compensation to the next of kin of the deceased.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit noted the details of the policy and accordingly disposed of the PIL. It said,

“Considering the above referred position, the government order, in our opinion the cause represented in this suo-motu PIL is duly addressed and further properly redressed by the state government. Accordingly, the PIL is disposed of."

The policy outlines two categories for compensation, offering financial support to families facing such unfortunate circumstances. In case of unnatural death in prison due to conflicts or disputes among inmates, the kin of the deceased prisoner will be compensated Rs 7.50 lakhs. In case of any other unnatural deaths in prison including suicide, Rs 5 lakh compensation will be paid.

Previously, the State government had maintained that compensation would only be granted upon the recommendation of the State Human Rights Commission. The Court, however, expressed reservations about this stance, stating,

“Prima facie it appears to us that compensation will have to be fixed by this court and not by the state human rights commission and paid in all cases of unnatural death."

With the State having frame the said policy, the suo motu PIL was disposed of. 

Citation No: 2023 LiveLaw (Kar) 384

Case Title: High Court of Karnataka v State of Karnataka & Others

Case NO: WP 51738/2017