सव
भव तु सिखनः
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and based on the Commi ee's recommenda on,
responsibility was a ributed to the negligent officers and
officials. Consequently, there was no necessity to award
compensa on to the NoK of the deceased.
Considering the above, the Commission affirmed that it is
the utmost duty of the State to ensure the safety and
security of its ci zens, including prisoners. In the present
case, it was the responsibility of the jail authori es to
safeguard the well- being of the inmates, a duty they
failed to fulfill. Consequently, the State was held vicariously liable for the omissions com- mi ed by its employees, and as a result, the Commission upheld its recommenda on for monetary compensa on. In accordance
with the aforemen oned, the Commission received a
compliance report along with evidence of payment. As
there is no further interven on required by the Commission, the case was closed on 19 July 2022.
4.) Custodial death of a female under-trial prisoner
from Phenyl Consump on in Jeypore, DistrictKoraput, Odisha.
(Case No. 1454/18/8/2020-JCD)
The Commission received an in ma on dated 18 May
2020 concerning the death of a female UTP, aged 38 years.
The incident occurred on 09 May 2020 when she ingested
phenyl while under the custody of Sub Jail Jeypore,
District-Koraput, Odisha.
A er analysis, the Commission ascertained that on 09
May 2020, the female prisoner fell suddenly ill a er
consuming phenyl in the washroom. She was promptly
transferred to Saheed Laxman Naik, Medical College
Hospital, Koraput, where she was pronounced dead on
the same day at approximately 09:40 am. The ma er was
subject to a magisterial inquiry conducted by the SubDivisional Judicial Magistrate, Jeypore, who scru nised all
per nent records and tes monies, including those of jail
officials, co-inmates, trea ng doctors, autopsy surgeons,
and the deceased's daughter. Jail officials indicated that
UTP's demise resulted from inges on of phenyl. The
prisoner had obtained the phenyl from the female staff
guards' restroom, which was located approximately 10
feet away from the exis ng female ward. The female
warden was deemed responsible for negligence as her
Chapter 7 - Thematic Areas
oversight enabled the UTP to obtain and consume the
phenyl. Autopsy surgeons men oned their inability to
determine the exact cause of death in the absence of a
chemical analysis report. Nevertheless, based on their
exper se, examina on of the stomach, and the smell of
stomach contents, they posited that the probable cause
of death might have been the inges on of a phenolic
poisonous substance. The deceased's daughter did not
suspect foul play in her mother's demise. Following a
review of the records and tes monies, the enquiry
magistrate concluded that the female warden was
responsible for the alleged incident due to negligence in
the performance of her du es, resul ng in the unnatural
death of the deceased.
A er a thorough analysis of the relevant reports, the
Commission established that the deceased was indisputably under the custody of the State. Despite the suspension of the negligent female warder by the jail administraon, the fact remains that the State authority had failed to
safeguard the lives and security of the prisoners within
the jail, thereby leading to the unnatural death of a young
inmate. Consequently, the State was held vicariously
responsible for the negligence exhibited by the jail
employees.
The Commission issued a show cause no ce under
Sec on 18 of the PHRA to the Chief Secretary, Government of Odisha, reques ng an explana on as to why the
Commission should not recommend a monetary compensa on of Rs. 3,75,000/- (Rupees Three Lakh Sev- enty-five
Thousand only) to the NoK of the deceased. In response,
the Commission received a report from the DIG Prisons
(HQ), State of Odisha, reitera ng the suspension of the
female warden and the ini a on of departmental
proceedings against her. No further explana ons were
provided. The Commission had already established the
negligence of the erring female jail warden, thereby
making the State vicariously liable. Therefore, the
recommenda on for monetary compensa on was
confirmed. Following the Commission's instruc ons, a
report was submi ed by the OSD cum Special Secretary to
the Government, Home Department, Government of
Odisha, sta ng that a sum of Rs. 3,75,000/- was disbursed
to the NoK of the deceased female. Consequently, the
case was closed on 02 May 2022.
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