सव भव तु सिखनः ु 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. 25

Выберите целевой абзац3