Meghalaya HC asserts need to fix punitive rate of compensation for custodial deaths

Syllad | The Rising MeghalayaAugust 21, 2023

The Meghalaya High Court on Monday has asserted that the quantum of compensation for unnatural death in custody should be fixed at a punitive rate so that it will act as a ‘real deterrent’ in the future.

“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 division bench said in its order after hearing a PIL on the matter.

This matter was set down for conclusion today both on the number of cases where the State government would be required to pay compensation for unnatural deaths in custody, whether in jail or police lockup or otherwise; and , for determining the quantum of compensation.

The State government had published a notification providing for Rs 7.5 lakh as compensation in respect of unnatural deaths while in custody. There is a precedent in this Court where, in a judgment of the year 2018 in a case of torture while in custody resulting in death, a compensation of Rs 15 lakh was awarded.

The State appears to have accepted the order and made the payment.

The bench said 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, 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 will appear on August 28.

The Registrar – General has  been directed to issue a notice in the leading English and local language newspapers informing the general public that relatives of those who suffered custodial death in the State since 2012 may choose to be represented to be heard when the matter is taken up next. The cost of advertisements will be borne by the State.