High Court Mandates Compensation Framework for Custodial Deaths in Uttar Pradesh
The Lucknow Bench of the Allahabad High Court issued a landmark directive on Friday, ordering the Uttar Pradesh state government to formulate comprehensive guidelines for determining compensation to be awarded to the families of individuals who die in police or prison custody. This significant judicial intervention addresses a critical gap in the legal framework surrounding state accountability.
Court Cites Human Dignity Violations and Systemic Failures
In a strongly worded observation, the bench comprising Justices Shekhar B. Saraf and Manjive Shukla condemned custodial torture as a blatant violation of human dignity that erodes self-esteem. The court noted, "Despite recommendations for banishing torture from the investigative system, growing incidence of torture and deaths in police custody and prisons continue to persist." The bench emphasized that such incidents fundamentally undermine the rule of law and represent a direct affront to human dignity.
The court further elaborated, "Custodial violence and deaths strike the very core of the rule of law. The State, being the custodian of life and liberty of persons in its custody, bears a strict and non-delegable duty to ensure their safety." This ruling reinforces the state's constitutional responsibility under Article 21, which guarantees the protection of life and personal liberty.
Specific Case Leads to Broader Directive
The court's directive emerged from hearing a writ petition filed by Prema Devi, a resident of Pilibhit, whose son died in jail custody in February 2024. According to the petition, her son was initially booked under rape and POCSO Act charges by Puranpur police in 2016. After being arrested and jailed for three years and ten months, he was released on bail on February 12, 2024.
When he failed to appear at a subsequent trial court hearing, a warrant was issued for his arrest. He was taken back into custody and died in jail on February 20, 2024. While a judicial magistrate's inquiry concluded he died by suicide with no injury marks on his body, the High Court bench rejected this finding.
The bench asserted that since he died while under state control, "the material placed on record unmistakably established violation of the fundamental rights guaranteed under Article 21 of the Constitution." Consequently, the court directed the Uttar Pradesh government to pay Rs 10 lakh in compensation to the deceased's family.
Proposed Compensation Parameters and Statistical Context
In its ruling, the bench suggested that the state government consider specific parameters when developing compensation guidelines, including the age, income, and number of dependents of the deceased. The court recommended following a framework similar to that used in motor vehicle accident death cases to ensure consistency and fairness.
This judicial order comes against the backdrop of concerning custodial death statistics in Uttar Pradesh. According to data presented by Union Minister of State for Home Affairs Nityanand Rai in the Lok Sabha on August 1, 2023, Uttar Pradesh reported eight custodial deaths in 2021-22 and ten cases in 2022-23. These figures highlight the urgency of establishing clear compensation protocols.
The High Court's directive represents a significant step toward enhancing accountability and providing recourse for families affected by custodial deaths. By mandating the creation of formal guidelines, the court aims to standardize compensation processes and reinforce the state's obligation to protect individuals in its custody.
