NHRC, India
in his death. The forensic expert on the panel of NHRC of the Commission examined the
treatment record of the deceased and opined that the deceased died of septicemic shock
consequent upon acute liver failure, which has been accelerated due to complications aroused
because of multiple injuries sustained by the deceased.
3.
iii.
The Commission, on perusal of the aforesaid reports, observed that there was negligence in
providing adequate treatment and ithas been, prima facie, proved. Hence, this case cannot be
treated as a case of natural death and inadequacy of treatment to deceased cannot be ruled
out. Therefore, the jail authorities were negligent in protecting the life of the prisoner. The
State is vicariously liable for the negligence on the part of its servants. The Commission,
vide its proceeding dated 09.03.2021, issued a notice to the Government of Uttar Pradesh,
through its Chief Secretary, to show cause as to why the Commission should not recommend
monetary relief of rupeesthree lakh to the next of kin of the deceased.
iv.
Since, no reply was received in response to the Show Cause Notice, the Commission
assumed that the State of Uttar Pradesh has nothing to urge in the matter, and made the
recommendations to the State of Uttar Pradesh to payrupees.three lakh as compensation to
the next of kin of the deceased. The Chief Secretary, Uttar Pradesh, was directed to ensure
compliance of the recommendations and submit proof of payment of the monetary relief to
the NoK of the deceased. With these directions, the case was closed on 31.05.2021.
Death of a Child, Shivkumar, who was an inmate of Children'sObservation Home, Khandwa,
MP.
(Case No. 1008/12/25/2019-DH)
i.
This matter relates to an intimation dated 21.05.2019 received in the Commission from
the Collector and DM, Khandwa, regarding the death of a Child, Shivkumar (18 years), an
inmate of Children's Observation Home, Khandwa, MP, on 21.05.2019.
ii.
Pursuant to the directions of the Commission, the Superintendent of the said Home reported
that the deceased had an altercation with his fellow inmate Golu @Shehnaz, inside the
Home. During the altercation, he sustained injuries and succumbed to death, on the same day,
during treatment at the District Hospital. FIR No. 349/2019 u/s. 302 IPC was registeredat PS
Khandwa in the matter against the accused child Golu@Shehnaz.
iii.
In response to the Commission’s directions, requisite reports in the matter were received in
the Commission from the State authorities. It was observed that in the Magisterial Enquiry
Report submitted by the ADM, Khandwa, it was concluded that the deceased child died due
to injuries inflicted upon him by the alleged child Golu in an altercation in the Children's
Observation Home. It was further reported that, due to shortage of space at the Home, no
Government staff was staying inside the Home, for which no supervision over the inmates
could be made.
iv.
The Commission carefully considered the facts and circumstances of the case and observed
ANNUAL REPORT
53
2021-22