Summary
Addressing unnatural prison deaths in continuing public-interest proceedings, the Court reaffirmed prisoners’ dignity and the availability of public-law compensation to their next of kin. It requested High Courts to initiate compensation proceedings and directed preventive measures, better death documentation, counselling, medical reviews, prison audits and visitor boards. It also required procedures to document unnatural deaths of children in custodial care institutions.
Issues
- How Article 21 protects prisoners and supports compensation for unnatural custodial death.
- What preventive, oversight and reporting measures should address prison deaths.
- How deaths of children in custodial care institutions should be documented.
Provisions considered
- Article 21, Constitution of IndiaCustody does not extinguish human dignity or the right to life and health; constitutional remedies include appropriate compensation for established infringement. (¶¶ 40–54, 57)
- Section 176(1A), Code of Criminal Procedure, 1973Judicial inquiry into custodial death, disappearance or alleged custodial rape was noted alongside reporting and investigation safeguards. (¶ 36–37 and footnote 3)
Held
- Human rights are universal and do not depend on whether a person is accused or convicted. An unnatural death in prison can make that person a victim of crime or negligence; criminal status is no reason to deny suitable compensation to the next of kin. Public-law compensation supplements other remedies and does not replace accountability or preventive reform. (¶¶ 40–46, 49–54)
- High Court Chief Justices were requested to register suo motu PILs to identify next of kin of prisoners whose admitted unnatural deaths appeared in NCRB data for 2012–2015 and thereafter, and award suitable compensation unless adequate compensation had already been paid. No uniform compensation amount was fixed. (¶ 57(1))
- The Home Ministry was to circulate the Model Prison Manual, NHRC materials, advisories, Mandela Rules and ICRC guidelines, and require clearer NCRB death classifications by 31 October 2017. Every natural and unnatural prison death should be documented. (¶ 57(2–3))
- States were directed to arrange training and sensitisation, appoint counsellors and support persons, study medical assistance and remedy deficiencies, and establish Boards of Visitors by 30 November 2017. SLSAs were to study prison conditions, performance and legal-aid schemes. Expanded family contact, phone/video communication and open prisons were identified for consideration and study. (¶ 57(4–10))
- The Women and Child Development Ministry was to consult States and formulate procedures to tabulate unnatural deaths of children in custodial care institutions, whether in conflict with law or needing care and protection, with steps by 31 December 2017. High Court PIL benches could resolve implementation difficulties. (¶ 55–58)
Result
Nationwide compensation and prison-reform directions issued. Matter listed for follow-up in December 2017; High Courts authorised to address implementation difficulties in their suo motu PILs.