Court Directs Disbursement of Compensation Under West Bengal Correctional Services Scheme, 2019, for Inmates' Heirs
In a significant directive aimed at addressing the issue of custodial deaths, the Calcutta High Court has ordered the Inspector General of Correctional Services to disburse compensation to the heirs or legal representatives of inmates who died under unnatural circumstances in correctional homes. The ruling, issued on September 28, 2026, comes under the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019.
This judgment was delivered in response to multiple public interest litigations concerning the inhuman conditions in correctional facilities across the state. The court emphasized the importance of identifying the rightful heirs to ensure that compensation reaches the affected families without undue delay.
The State Legal Services Authority (SLSA) has been entrusted with the responsibility of providing comprehensive data regarding the heirs and legal representatives of the deceased inmates to the Inspector General. The court also mandated that the SLSA continue updating this data from January 1, 2022, onwards, ensuring the list remains current and exhaustive.
The bench, comprising Justices Debangsu Basak and Aryak Dutt, noted that the inability to disburse compensation was primarily due to a lack of particulars about the deceased inmates' heirs. The court directed the Inspector General to act on the data provided by the SLSA unless deemed insufficient, in which case a reasoned order must be issued.
The court also addressed the implementation of prison reforms, referencing directions from the Supreme Court in the Suhas Chakma case, urging High Courts to actively oversee and ensure effective compliance. Despite pleas for separating the connected writ petitions related to correctional homes, the court rejected this to prevent duplication and conflicting rulings.
The court's decision highlights a proactive approach to addressing systemic issues in correctional facilities, aiming for transparency and accountability in the management of custodial deaths.
Bottom Line :
Prison law and custodial justice - Calcutta High Court, in continuing mandamus concerning correctional homes, directed Inspector General of Correctional Services to disburse compensation under the West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 to heirs/legal representatives of inmates who died in custody on basis of data supplied by State Legal Services Authority - SLSA directed to identify and update heirs/legal representatives of deceased inmates, including for period from 01.01.2022 onwards - Prayer for segregation of connected writ petitions relating to inhuman conditions in correctional homes rejected to avoid duplication and conflicting decisions.
Statutory provision(s): West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019, Regulation 3(3)
