Custodial Deaths: Meghalaya High Court Directs State To Consider Enhancing Compensation By 25%

The Meghalaya High Court on Wednesday directed the State government to consider enhancing the compensation it provides to bereaved families of custodial violence victims, by 25%. "Or, at the very least, make a distinction based on the age of the person dying in custody," it added.

The bench comprising Chief Justice Sanjib Banerjee and Justice H S Thangkhiew was hearing a Suo Motu PIL instituted in the year 2017 to address the evil of custodial violence and ameliorate prison conditions.

Additional Advocate-General K. Khan apprised the bench that the State had already formulated a scheme, notified on December 15, 2022, for payment of compensation to the bereaved families of persons who had died in police or judicial custody and also inmates in the correctional homes in the State. It specifies five classes of custodial death victims whose families are entitled to compensation:

-persons dying due to quarrel among inmates,

-persons dying due to negligence by the correctional home officials,

-persons dying due to negligence by medical or paramedical officers,

-persons dying due to torture or upon being beaten up by the police or correctional home staff,

-persons committing suicide while in such custody.

The notification also states that compensation would not be payable in case of natural death due to illness and where State officials may not be responsible for such death. Compensation would also not be admissible if the death occurs during escape or due to any natural disaster or calamity or any pandemic.

In cases of death due to quarrel among inmates and death due to torture or being beaten up by the police or correctional home staff, the compensation provided by the notification is Rs. 7.5 lakh. In the three other cases, the quantum of compensation is Rs. 5 lakh, the court was informed.

The State has also issued a notification on May 2, 2023, stating that in cases where claims and counter-claims arise in connection with any death in custody not due to natural causes or suicide and where findings are inconclusive, the quantum of compensation shall be determined by a competent court.

It is in this context that the Court suggested the State to consider enhancing the compensation.

During the proceedings, the bench also noted that the case deals with custodial deaths in the State since the year 2012 and the State has accepted that there have been 49 instances of deaths in custody since 2012 till date. The cause of death in some cases was sought to be disputed by the State. Since the State sought sufficient time in this regard, the Court posted the matter after six weeks, on June 19, 2023.

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

Click Here To Read/Download Order