The National Human Rights Commission has asked the Odisha government pay Rs 5 lakh compensation to the next of kin of an undertrial prisoner who committed suicide in the jail premises.
The apex rights panel adjudicating on a petition filed by human rights lawyer Radhakanta Tripathy passed the order.
Gobinda Sahu, the prime accused in murder of a woman teacher Mamita Meher, ended his life inside a jail in Odisha’s Balangir district before his production in a local court on 20 December, 2022.
The petition described it as a custodial death and sought for award of compensation to the bereaved family members, with legal action against the wrong doers, if any.
Earlier the Commission had issued show cause notice to the government agencies.
The deceased had committed suicide by hanging while in the custody of the State. Hence, the State was vicariously liable for its failure to ensure safety, security and protection of the life of the prisoner in its custody. It appears that there has been negligence on part of the jail authorities in providing security to the jail inmates and had it not been so the deceased would not have availed the opportunity of causing harm to himself. Therefore, the state was vicariously liable for the fault on part of the jail officials.
The Odisha Deputy Inspector General of Prisons (Headquarters) had submitted that “the deceased UTP attempted suicide of his own and there was no foul play in the same. He died due to the combined effect of asphyxia and venous congestion resulting from hanging caused by suspension of the body with a soft ligature material around neck”.
“The legal position with respect to the custodial death due to suicide or assault by other co-inmates or due to medical negligence is quite clear and well settled. The Supreme Court and High Courts in number of judgments have upheld the vicarious liability of the State to pay compensation to the next of the kin of the deceased in such cases.
“The inmates in prison are under the care and protection of the State and the State is responsible for their safety, security and well- being. A duty is cast on the jail authorities to look after the wellbeing including the protection of lives and liberties of the jail inmates. The Commission is not satisfied with the response of the Odisha Government that there was no negligence as held by the Enquiry Magistrate”, NHRC said in the order
The NHRC directing Rs 5 lakh compensation to the bereaved family asked the Odisha Chief Secretary to submit the compliance report along with the proof of payment to the Commission within eight weeks.