Patna HC Orders State Govt To Pay Rs 2 Lakh Compensation To Victim Of Custodial Torture
The Patna High Court ordering the State Government to pay Rs 2 lakh compensation to a victim of custodial torture,
Patna High Court Orders State Government to Pay Rs 2 Lakh Compensation to Victim of Custodial Torture
🔹 Background and Context
Custodial torture refers to the physical or mental abuse inflicted on an individual by police or other state officials while in custody.
Such acts violate fundamental rights guaranteed under the Constitution, including the right to life and personal liberty (Article 21).
Courts have consistently condemned custodial torture as an abuse of power and a serious violation of human dignity.
🔹 Judicial Reasoning and Legal Principles
State Responsibility and Accountability
The State has a constitutional duty to protect citizens from abuse and torture.
Police and custodial authorities are agents of the State; thus, the State is vicariously liable for their actions.
Compensation is an essential tool for remedial justice, acknowledging the harm caused and providing relief to the victim.
Violation of Fundamental Rights
Custodial torture infringes the victim’s right to life and dignity under Article 21.
The Supreme Court and High Courts have repeatedly held that torture is absolutely prohibited and not justified under any circumstance.
Compensation as a Deterrent
Ordering compensation serves as a deterrent against custodial violence and negligence.
It signals to authorities that abuse of power will result in legal and financial consequences.
Judicial Precedents Supporting Compensation
The courts have, in multiple cases, awarded monetary compensation to victims of custodial torture as part of constitutional remedies under Article 32/226.
Such compensation addresses physical injury, mental trauma, and violation of human rights.
🔹 Illustrative Example of the Patna High Court’s Order
The Court found credible evidence of physical and mental torture inflicted on the victim during police custody.
The victim suffered serious injuries and trauma.
The Court held the State responsible and ordered the payment of Rs 2 lakh as compensation to the victim.
The Court further directed measures to ensure accountability of erring officials and steps to prevent future occurrences.
🔹 Key Points
| Aspect | Explanation |
|---|---|
| Custodial torture prohibited | Absolute violation of Article 21 |
| State vicariously liable | State responsible for acts of police/custodial staff |
| Compensation essential | Remedy for victim’s harm and deterrence for authorities |
| Judicial safeguard | Courts enforce rights and accountability |
| Physical and mental harm | Compensation covers both bodily injuries and trauma |
🔹 Supporting Judicial Principles (General)
The Supreme Court in cases like D.K. Basu vs State of West Bengal (not cited explicitly here) has laid down guidelines for custodial conduct and compensation.
High Courts, including Patna HC, follow these principles to uphold human rights and ensure justice.
The concept of “compensation as a constitutional right” has evolved to curb custodial abuses.
🔹 Conclusion
The Patna High Court’s order directing the State Government to pay Rs 2 lakh compensation underscores the judiciary’s commitment to protecting human rights, punishing custodial abuses, and providing remedial justice. It sends a clear message that custodial torture is unacceptable, and victims are entitled to compensation and dignity.
RELATED Blog
0 comments