Court Directs Uttar Pradesh Government to Frame Guidelines for Compensation in Custodial Deaths; Principal Secretary to Face Contempt Proceedings
In a landmark ruling, the Allahabad High Court's Lucknow Bench has held the State accountable for the custodial death of an individual, emphasizing the violation of fundamental rights under Article 21 of the Indian Constitution. The court, presided over by Justice Saurabh Lavania, awarded a compensation of Rs. 10 lakhs to the legal heirs of the deceased and issued strict directives to the Uttar Pradesh government to establish comprehensive guidelines for handling compensation in custodial death cases.
The case, titled Prema Devi v. Sanjay Prasad, was brought forth by the applicant Prema Devi, represented by advocates Mr. Rama Kant Dixit and Mr. Uday Kumar. The application was filed under Section 12 of the Contempt of Court's Act, 1971, highlighting the State's non-compliance with a prior judgment from February 2026, which mandated compensation and the creation of guidelines for custodial deaths.
Justice Lavania stressed the State's non-delegable duty to ensure the safety of individuals in custody, asserting that failure to do so attracts public law liability. The judgment described custodial torture as a severe violation of human dignity, stating that such acts are an affront to the rule of law. The court underscored the necessity of immediate and transparent measures following a custodial death, including prompt post-mortem examinations and judicial inquests.
The judgment also referenced past precedents, such as Nilabati Behera and D.K. Basu, to support the awarding of monetary compensation as a public law remedy for fundamental rights violations. It highlighted the need for deterrence against future custodial violence, deeming monetary compensation an essential, albeit incomplete, solace for the bereaved families.
Despite the clear directives, the State failed to comply, neither providing the full compensation nor framing the required guidelines. Consequently, the court has summoned Sanjay Prasad, Principal Secretary, Home Department, for contempt proceedings. The court has scheduled a hearing for July 31, 2026, to address these issues and potentially frame charges against the official.
The court's judgment also called for the implementation of guidelines for compensation based on the multiplier method used in the Motor Vehicles Act, 1988, taking into account the age, income, and dependents of the deceased. This directive aims to standardize compensation in custodial death cases, offering a structured approach to relief for affected families.
This decision marks a significant step towards accountability and transparency in custodial death cases, setting a precedent for future legal actions and emphasizing the judiciary's role in upholding human rights within the legal framework.
Bottom line:-
Custodial death - State's liability to ensure safety of persons in custody - Violation of fundamental rights under Article 21 of the Constitution of India - Compensation and guidelines for custodial death cases to be framed by State Government.
Statutory provision(s): Article 21 of the Constitution of India, Section 12 of the Contempt of Court's Act, 1971, Section 174 CrPC, Section 176 CrPC
Prema Devi v. Sanjay Prasad, (Allahabad)(Lucknow) : Law Finder Doc id # 2948612
