SHILLONG: The Meghalaya High Court has issued a directive that compensation for unnatural deaths in custody should be set at a substantial level, acting as both a “real deterrent” and causing financial repercussions for the state government. This assertion came on Monday as a response to a Public Interest Litigation (PIL) addressing the issue.
In their ruling, the division bench stated, “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 bench emphasized on the potential for differentiating compensation amounts based on the age of the deceased at the time of their passing. This, they believe, would better align with the circumstances of each case.
As of now, the state government’s notification stipulates a compensation amount of Rs 7.5 lakh for unnatural deaths while in custody. Notably, a previous ruling from 2018 had awarded Rs 15 lakh as compensation in a case involving torture leading to death in custody, a precedent that the state seems to have accepted and complied with.
The court’s proactive approach extends to its decision to invite the relatives of individuals who have suffered custodial deaths in the state since 2012 to partake in the legal proceedings during the next hearing. The next session on this matter is scheduled for August 28.
The Registrar-General has been instructed to disseminate notifications in prominent local and English newspapers, notifying the general public about the opportunity for relatives of victims of custodial death since 2012 to participate in the legal process. The cost of these advertisements will be borne by the state government.
