Gauhati High Court seeks clarity from Assam govt on compensation for unnatural prisoner deaths

A division bench of the Gauhati High Court has presented crucial questions to the Assam Government, urging them to formulate a policy for determining compensation in cases of unnatural deaths of prisoners within the state's correctional facilities.

The high court has sought clarity from the state government on three key aspects: firstly, whether the compensation for inmate deaths aligns with proposals under the Victims Compensation Act; secondly, whether the quantification of compensation should follow parameters akin to motor accident claim cases; and thirdly, whether individual claims must be filed for compensation in cases of prisoners meeting unnatural deaths.

State Advocate General D. Saikia has been granted four weeks to respond to these queries. The court's intervention stems from a Public Interest Litigation (PIL 10/2020) filed by Studio Nilima Collaborative Network for Research and Abantee Dutta, co-founder. The PIL addresses the rising number of inmate deaths in prisons and highlights concerns about inadequate medical infrastructure in correctional facilities.

In an earlier affidavit submitted on May 12, 2023, the State Government revealed that out of 31 cases of death in custody, only one saw a judicial magistrate conducting an inquiry. Additionally, compensation was granted in just one case, that of Arjun Saharia, by the IG (Prisons), Assam. Notably, 13 of the 31 incidents occurred at Goalpara district jail, as disclosed by the petitioners' counsel during a prior court hearing. The court's quest for clarity aims to address the pressing issue of compensation in the context of unnatural prisoner deaths and bring about necessary policy considerations in this regard.