The Meghalaya High Court has fixed the amounts of compensation to the next of kin of persons who died in police and judicial custody in the State based on their age.
In a recent verdict, the division bench of the High Court said that for the period till date in case of any unnatural death while in custody, the next of kin of the victim will be entitled to a sum of Rs15 lakh if the victim was below 30 years of age as on the date of death; an amount of Rs12 lakh if the victim was below the age of 45 years but above the age of 30 years as on the date of death and an amount of Rs10 lakh if the victim was above 45 years of age as on the date of death.
The High Court also stated that the amounts of Rs15 lakh, Rs12 lakh and Rs10 lakh in the three categories will hold good till the end of 2024 and after that, the amounts will stand increased by Rs1.5 lakh at the highest level and by Rs1 lakh each at the two other levels for the next period of three years.
“The quantum of compensation should be enhanced every three years so that it is sufficient damages for the next of kin and the deterrent factor is also maintained to the same degree,” the court directed.
The High Court also made it clear that the compensation will be payable only in cases of unnatural death, irrespective of the cause of death. In cases of natural death in custody, no compensation would be payable at all.
As to cases where the State government suggests that the injuries suffered which caused death were in the course of the person in custody trying to escape, the determination of the cause would be by an appropriate court in accordance with law.
Further, the High Court stated that if the State cannot establish the cause of death while in custody, it would be inferred that it was a case of unnatural death, particularly when the deceased is found to have been healthy and too young to suffer such fate.
“It is more than likely that in several cases, because of the heinous offences committed or alleged to have been committed by the relevant persons, their next of kin may not be interested in contesting the proceedings or even collecting the compensation upon the death of the relevant person. In such cases, the State will be obliged to put in the money into the Cancer Department of the Civil Hospital in Shillong for the purpose of augmentation of equipment at such fledgling facility. The Secretary in the Department of Health will be responsible to ensure that the money is disbursed by the State and, upon the next of kin of the deceased victim not being available or willing to accept the payment, the money is immediately made over to the Cancer Department of the Civil Hospital in Shillong.
In may be noted that there have been 53 custodial deaths in the State since 2012. Out of the 53 instances of custodial deaths in the State since 2012, a total of 25 cases are found to be due to natural causes and the remaining 28 are found to be cases of unnatural deaths.
Detailed reports have been filed by the State government in the High Court indicating the likely causes of deaths in each case, along with copies of the post-mortem and inquest reports, sometimes relying on reports furnished by the forensic science laboratory or even the histopathological reports and, finally, the findings of the magisterial inquiry in each case.
According to the State government, notices have been issued on several occasions and the next of kin of those who died in custody have been informed, except in cases where the relevant inmate may have been from Bangladesh.
