C. Directions by the Supreme Court 1. Handcuffs are to be used only if a person is: a) b) c) d) 2. involved in serious non-bailable offences has been previously convicted of a crime; and/or is of desperate character- violent, disorderly or obstructive; and/ or is likely to commit suicide; and/or is likely to attempt escape. The reasons why handcuffs have been used must be clearly mentioned in the Daily Diary Report. They must also be shown to the court. IX. Compensation Nilabati Behera V State of Orissa 1993 SCC 746 A. Background Nilabati Behera, a distressed mother, wrote a letter to the Supreme Court asking that she be monetarily compensated for the death of her 22 year old son in police custody. She said that her son, Suman Behera was beaten to death at a police post after being detained in connection with a theft. The Supreme Court immediately admitted a writ petition on her behalf and took up the case. Rejecting the police version that Suman Behera was killed by a running train after he escaped from police custody; the Court asserted that the post-mortem report clearly showed that he died as a result of being beaten up. The question before the Court was whether Nilabati Behera had a right to claim compensation for the wrongful acts of the policemen who caused her sons death. B. Observations by the Supreme Court Article 9 (5) of the International Covenant on Civil and Political Rights, 1966 lays down that anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. This Covenant has been ratified by India, which means that the State has undertaken to abide by its terms. The Supreme Court asserted that convicts, prisoners or undertrials are not denuded of their fundamental rights under Article 21 [Right to Life 80 Manual on Human Rights for Police Officers