NHRC, India
that the deceased child was in the care and custody of the State and it was the bounden duty
of the concerned authorities to ensure his safety and security. But, as seen, due to absence of
any staff and lack of any supervision at the Home, the child lost his life. Thus, apparently,
there was negligence and the negligence shown amounts to violation of the human rights of
the deceased and the State is vicariously liable. In the circumstances, the Chief Secretary,
Government of MP, was directed to show cause u/s 18 (a)(i) of the PHR Act 1993, as to why
recommendation be not made to the State to pay compensation of Rs.1,00,000/-(one lakh) to
the next of the kin of deceased victim.
4.
v.
A communication dated 02.10.2020 received from the Woman and Child Department,
Government of Madhya Pradesh revealed that they were in the process of the compensation
of rupees one lakh, in the matter. The Commission observed that the Government of Mahdhya
Pradesh has nothing to controvert to the findings of the Commission and recommended to
the State of Madhya Pradesh through its Chief Secretary for payment of compensation of
Rs.1,00,000/- (one lakh) to the next of the kin of deceased child, Shivkumar.
vi.
On receipt of the compliance report, the case was closed on 31.12.2021.
Custodial death of an under-trial prisoner by hanging (suicide) in Central Jail, Jaipur,
Rajasthan.
(Case No. 284/20/14/2018-JCD)
i.
This case relates to an intimation dated 27.01.2018 from the Superintendent, Central Jail,
Jaipur, Rajasthan, regarding the custodial death of a prisoner, Vrindavan, s/o Dataram, on
27.01.2018.
ii.
In response to the Commission’s directions, the requisite reports were received on the matter.
These reportswere analysed by the Investigation Division of NHRC. The Investigation
Division observed that the victim was admitted to Central Jail, Jaipur, Rajasthan, on
14.12.2017 with a history of depression, inappropriate behaviour with crying spells and
anxiety with reduced sleep. He also had a history of tobacco smoking. It was also revealed
that the deceased was provided treatment for depression at the jail hospital. The deceased
committed suicide on 27.01.2018, around 9.45 PM by hanging fromthe grill of the window
of the jail hospital’s ward. As per the post-mortem examination report, no injury other than
ligature marks was seen on the body of the deceased, and the cause of death was asphyxia
as a result of antemortem hanging. The Enquiry Magistrate did not suspect any foul play on
the part of jail authorities in his death. The Investigation Division was of the opinion that
since the deceased was undergoing psychiatric treatment for depression and was admitted to
the hospital, therefore, the security and wellness of the prisoner was the responsibility of the
Jail authorities and the fact that the deceased committed suicide in the jail's hospital ward
indicatesnegligent behaviour on the part of the jail officials deployed for duty.
iii.
Keeping in view the observations made by the DG(I), NHRC, the Commission observed
that it was a clear case of violation of the human rights of the deceased. The Government of
ANNUAL REPORT
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2021-22