10 lack compensation for death due to poor medical treatment while in custody

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1464 OF 2015 1. Vishnu s/o Sandipan Kute, Age 62 years, Occ. Agri., R/o Kutewadi, Tq. & Dist. Beed. 2. Chabubai w/o Vishnu Kute Age 55 years, Occ. Household, R/o as above. 3. Anjali w/o Pratap Kute, Age 29 years, Occu. Household, R/o Kutewadi, Tq. & Dist. Beed. 4. Priya @ Piyusha d/o Pratap Kute, Age minor, u/g of petitioner No.3. Anjali w/o pratap Kute Age 29 years, Occu. Household, R/o Kutewadi, Tq. & Dist. Beed 5. Harshwardhan s/o Pratap Kute, Age minor, u/g of petitioner No.3. Anjali w/o Pratap Kute Age 29 years, Occu. Household, R/o Kutewadi, Tq. & Dist. Beed … PETITIONERS VERSUS 1. The State of Maharashtra through the Secretary, home Minister (M.S.), Mantralaya, Mumbai – 32 2. The Superintendent of Jail, District Prison, Beed (Copy to be served on P.P. Office, High Court of Judicature of Bombay, Bench at Aurangabad) … RESPONDENTS ::: Uploaded on - 08/03/2023 ::: Downloaded on - 09/03/2023 13:50:07 ::: Cri.W.P. No.1464/2015 :: 2 :: ....... Mr. N.R. Thorat, Advocate for petitioners Mr. M.M. Nerlikar, A.P.P. for State ....… CORAM : SMT. ANUJA PRABHUDESSAI AND R.M. JOSHI, JJ. DATE : 2nd MARCH, 2023 ORAL JUDGMENT (PER : SMT. ANUJA PRABHUDESSAI, J.)

11. Having gone through the records, in our considered view, there has been total negligence and lapse on the part of the jail authorities in providing adequate, effective and proper medical treatment and on the part of the police guard on duty who declined to shift the deceased Pratap Kute to Government Medical College, Aurangabad which has resulted in his death. 12. The deceased was a young man of 32 years of age, with his wife, children and parents dependent on him. The deceased was not a hardened criminal involved in some grave or serious crime. He lost his life only due to the failure of the jail authority to provide medical treatment. It need not be emphasised that the right to health enshrined in Art. 21 of the Constitution of India particularly of a prisoner who is deprived of ::: Uploaded on - 08/03/2023 ::: Downloaded on - 09/03/2023 13:50:07 ::: Cri.W.P. No.1464/2015 :: 10 :: his personal liberty, albeit in accordance with the procedure established by law, cannot be ignored. In fact the Hon’ble Supreme Court has in several decisions held that the right to life includes right to live with human dignity. Hence the duty of the State to provide medical treatment to the prisoners, to take care and ensure their safety and security of the prisoners and treat them with human dignity needs no affirmation. The Government having failed in its duty, the petitioners being the parents, widow and the children of the deceased, are entitled for compensation.

13. As regards the quantum of compensation, the deceased was 32 years of age. His parents, wife and two minor children were dependent on him. The parents, widow and the children of the deceased have also been deprived of love and affection of their loved one due to his untimely death caused due to negligence of the jail authority and the police guard. In such circumstances, though we cannot compensate human life in true sense, we are inclined to award compensation of Rs.10,00,000/- (Rupees ten lakhs) to the petitioners. 14. In the result, the respondent No.1 State of Maharashtra is directed to pay compensation of Rs.10,00,000/- (Rupees ten lakhs) to the petitioners. The compensation shall ::: Uploaded on - 08/03/2023 ::: Downloaded on - 09/03/2023 13:50:07 ::: Cri.W.P. No.1464/2015 :: 11 :: be paid within four weeks from today failing which the amount will carry interest @ 6% p.a. from the date of the order till the date of payment. The State is at liberty to recover the same from the concerned officers who are negligent in providing medical aid to the undertrial prisoner. Rule made absolute in above terms.