NILABATI BEHERA V. STATE OF ORISSA: A LANDMARK JUDGMENT ON COMPENSATION TO VICTIMS OF CUSTODIAL DEATH
By Sabari Deeksha Choudary. A
Custodial deaths are one of the worst crimes in a civilized society. The inhumane torture by the police of the persons in their custody is very common and routine. The Right to life and personal liberty is a valuable right that is guaranteed to every citizen under Article 21 of the Indian Constitution. The convicts, under trials prisoners, or any other prisoners in custody should not be deprived of their precious right. So, if any person’s fundamental right guaranteed under article 21 is deprived by the state or its servants then that person should have a right to seek relief under article 226 and article 32 to the High Court and Supreme Court respectively. But the Court is helpless as there is no provision in the Constitution that gives them the power to award monetary compensation when there is a violation of fundamental right. So, the Supreme Court of India, in order to overcome this pathetic situation, for the first time in the case of Nilabati Behera alias Lalita v. State of Orissa held that state should pay compensation to the person to whom it or its servants has violated his fundamental right.
Custodial Death, Victims, Compensation, Right to Life, Constitution.
|Information||Lex Humanitariae: Journal for a Change, Volume II issue IV, Pages 148-152|
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