Orissa High Court Orders State to Compensate Widow for Custodial Death Due to Medical Negligence

State found vicariously liable for failing to provide adequate medical care to undertrial prisoner, widow awarded Rs.20 lakh in compensation.

In a landmark judgment, the Orissa High Court has directed the State of Odisha to pay a compensation of Rs.20 lakh to Sabita Nishank, the widow of an undertrial prisoner who died due to alleged medical negligence while in custody. The judgment, delivered by Justice Biraja Prasanna Satapathy, underscores the State's vicarious liability in ensuring the right to life, including adequate medical care, for prisoners, as enshrined under Article 21 of the Indian Constitution.

The case revolved around the death of Sabita Nishank's husband, an undertrial prisoner in Nimapara Sub-jail, who was a chronic diabetic. Despite the jail authorities being aware of his medical condition, he was allegedly not provided with timely and adequate medical treatment. The prisoner was eventually referred to a district hospital and then to a medical college hospital, where he succumbed on January 26, 2017.

The petitioner argued that the negligence on the part of the jail authorities led to her husband's premature death, and sought Rs.50 lakh in compensation. The court, while recognizing the negligence, awarded Rs.20 lakh, noting the prisoner's monthly earnings and the future financial needs of the widow.

Justice Satapathy emphasized that the right to life under Article 21 includes the right to adequate medical care for prisoners. The court cited several precedents from the Supreme Court and other High Courts, reinforcing the notion that prisoners retain their fundamental rights, including the right to life and dignity, even while incarcerated. The judgment noted that the State is responsible for any violation of these rights due to negligence by jail authorities.

The court further highlighted that compensation awarded under public law for the violation of fundamental rights is independent of other legal remedies. The judgment serves as a stern reminder to State authorities about their obligations towards prisoners and the necessity of ensuring humane conditions in jails.

Bottom Line:

Right to life under Article 21 of the Constitution of India includes the right to adequate medical care for prisoners. State is vicariously liable for negligence by jail authorities in providing timely and proper medical care, leading to the death of an undertrial prisoner.

Statutory provision(s): Article 21 of the Constitution of India

Sabita Nishank v. State of Odisha, (Orissa) : Law Finder Doc Id # 2812736