NHRC, India jail and his work and conduct weregood. He was also engaged as a cook in the jail many times on wages. Moreover, suitable security staff was placed on the day of the incident, i.e., 03.08.2018, but he deceived the security personnel and committed suicide by hanging during short time and when the security staff noticed the hanging,allpossible steps were taken to save him, but they did not succeed in saving the convict’s life. It was pleaded that keeping in view the above facts and circumstances, the grant of compensation in the case to the next of kin is not justified. 2. v. The Commission considered the response from the DG (Prisons) on 24.05.201 and observed that the MER concluded that though there was no negligence or foul play on the part of jail authorities in the death of the deceased, but the fan from which he was found hanging was easily assessable to a person for committing suicide and the disparity in providing facilities in the jail to the co-convicts from outside the state/country has enlarged the feeling of being discriminated and victimised and has also given certain suggestions to avoid such deaths; hence, it proves the violation of human rights of the deceased. There is no explanation about the easy accessibility of the fan from which the prisoner could succeed in committing suicide without the notice of the security staff. The Commission, therefore, reiterates that since it is the bounden duty of a State to protect the safety and security of a prisoner under its custody and the deceased was in the care and custody of the State, thus, the State is also vicariously liable to compensate to the NoK of the deceased. Thus, the Commission recommends Rs.300,000/-(Rupees Three Lakh only) to be paid to the next of kin of the deceased prisoner Arjun, S/o Padam Bahadur, Model Central Jail, Nahan, as compensation. The Chief Secretary, Himachal Pradesh, Shimla,wasasked to send the compliance report with a proof of payment. vi. The compliance report on the recommendations by the Commission for grant of compensation was received and the case was closed. Custodial death of an under-trial prisoner due to health complications and inadequate health facilities in the District Jail, Etawah, Uttar Pradesh. (Case No. 25834/24/23/2017-JCD) i. This case pertains to the death of an Under Trial Prisoner, Rameshwar, @Kalia, @Pramod, 22 years of age, in the custody of District Jail, Etawah, Uttar Pradesh on 26.08.2017. ii. A report dated 04.02.2020 has been submitted by the DG(I), NHRC, where inter aliait was stated that as per MLC report, as opined by the doctors at Dr. B.R. Ambedkar Joint Hospital, Etawah, he had contusions on hip and both lower legs. The deceased fell ill on 24.6.2017 and within sixdays, he was found to be suffering from jaundice, hepatitis and abnormal kidney functions. He died during treatment at UPUMS, Saifai. The Post-Mortem Examination Report revealed that the cause of death was septicemic shock due to acute liver failure. The enquiry by the Magistrate (MER) concluded that the deceased died naturally due to illness. The Enquiry Magistrate did not suspect any foul play on the part of jail authorities or doctor ANNUAL REPORT 52 2021-22

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