and Personal Liberty] of the Constitution and there is a corresponding responsibility on the police and prison authorities to make sure that persons in custody are not deprived of the Right to Life. The State has a duty of care to ensure that the guarantee of Article 21 is not denied to anyone. This duty of care is strict and admits no exceptions the Court said. The State must take responsibility by paying compensation to the near and dear ones of a person, who has been deprived of her/ his life by the wrongful acts of its agents. However, the Court affirmed that the State has a right to recover the compensation amount from the wrongdoers. They said that the purpose of law is not only to civilize public power but also to assure people that they live under a legal system which protects their interests and preserves their rights. Therefore the High Courts and the Supreme Court as protectors of civil liberties not only have the power and jurisdiction but also the obligation to repair the damage caused by officers of the State to fundamental rights of citizens. It may be added that over the years an enforceable right to compensation has come to be accepted as a part of international customary law. C. Directions by the Supreme Court 1. 2. 3. The State has an obligation to give compensation to a victim or to the heirs of a victim whose fundamental rights have been violated by its agents. The State has a right to recover the compensation amount from the guilty officials after appropriate proceedings or inquiry. An order of compensation by the State in a criminal case does not prevent the victims or their heirs from claiming further compensation in a civil case [for loss of earning capacity]. While it is mandatory to conduct a magisterial inquiry into every case of custodial death the State also has a duty not only to register criminal cases, but also to pay monetary compensation where human rights are violated by its officers. Manual on Human Rights for Police Officers 81