Custodial death is not something new to our country. India has witnessed it since the colonial era. The police authorities use the ‘performance of duty’ as an excuse for hiding their brutality.
In response to the suo motu PIL, Meghalaya High Court has passed a significant order in this regard. On September 1, 2023, the bench directed the State Government to pay ₹15 Lakh to the next of kin of the victim under 30 years of age, ₹12 Lakh to the victim under 45 years of age and ₹10 Lakh to the victim aged 45 years and above.
The Court also said that the amount shall be increased after every three years.
The Court asked the Government to prepare and fix the punitive compensation in case of unnatural death of a victim in its previous hearing. In response to this the Government proposed to pay ₹7.5 Lakh, but as the bench was unsatisfied with the amount, it itself fixed the quantum of compensation.
Calling it a slur on the civilized state, the Court strictly asked the Government to either prove that the death was natural or pay compensation. If the wards of the victim are not willing to take the compensation, the same shall be given to the cancer department of the Civil Hospital of Shillong.
We often use the terms arrest and custody synonymously. But they both have different meanings. While custody is taking a person when there is apprehension that he may cause harm to anyone with proper care and protection, arrest is officially and formally taking a person in custody on suspicion of a crime. So we can say an arrest is custody but not vice versa.
There have been many such cases, for example, Joginger Kumar v. State of UP, 1994, where Supreme Court in its judgment clearly mentioned that the police officer must inform the accused of his rights and Article 21 should be strictly enforced. This judgment will also play a significant role in protecting the rights of individuals and reducing the number of custodial deaths.
Written by Tannu of Maharshi Dayanand University, Rohtak (Semester- 3rd ), an intern under Legal Vidhiya
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