death in a lock-up, does not by Itself provide any meaningful remedy to a person whose
fundamental right to life has b e n infringed. Much mom weds to be done. While there is no
exprws provleion in the Cons~tutlonof India for grant ot cornpensetion for violation of the
fundamental right to Ilfe, the Supreme Court has judicially e w k d a dght to compensation in
cases of established unoonstitutfonal deprivation of pe-1
liberty or 1b.
The claim in public law for compensatlon for unconrtitutional deprivation of the
fundamental right to life and liberty, the protection of which is g w m b e d under the Constitution,
is a claim based on strict liability and is in addition to the dahn available in p h t e law for
damages for torturous acts of public servants Publlc law pmeadnge serve a purpoee diffarent
from private law proceedings. Award of compensation for wtaMkhed infringement of the
indivlsible rights guaranteed under Art. 21 iu a ramecty adable In publlc law, since the purpose
of public law is not only to civlllse publk power but also to asaura the citizens that they live
under a legal system wherein their rights and interests shall be proteded and presewed. The
grant of compensation in pmwadlngs under Art 32 or Art. 226 of ths Constitution d In- b r
the established dolation of the fundamental rlghts gr#lmnW undsr Art 21, is an exerdse of
the courts under the puMlc law jurisdiction tor penallaing the wrongdoer and fixing the liability
for the public wrong on the State whlch failed in the d
-l
of its putrllc duty to protect the
fundamental rights of the dtiran.
The quantum of compensation will, of mume, depand upon the particular facts of
each case. The relief to redress the wrong for the established invasion of the fundamental
rights of the citizen, under the public law Jurisdlctlon is, thus, in addition to the traditional
remedies and not in derogation of them. The amount of compensation as awarded by the
court and paid by the state to redress the wrong done may, In a given case, be adjusted
against any amount which may be awarded to the claimant by way of damages in a civil suit.
Some important judgements on compensatlon are:
Nilabati Behera Vs State of Orissa (1993)2 S.C.C. 746
Sahell, A Women's Resources Centre Vs. Commr. Of Pdice (1990) 1 S.C.C. 422.
Bhim Slngh Vs State of J&K (I 985) 4 S.C.C. 677.
Sebmtlan M. Hongray Vs UOI & Others (1984) 1 S.C.C. 339.
Rudul Shah Vs State of Bihar (1983) 4 S.C.C. 141.
The judgements have had great bearing on the work of the Commission.