The Orissa High Court has directed the state to pay ₹20 lakh as compensation to the widow of an undertrial prisoner who died in custody, holding that his death resulted from serious medical negligence and amounted to a violation of his fundamental rights.
A bench of Justice Biraja Prasanna Satapathy on Tuesday said jail authorities failed to ensure proper medical care even though they were aware that the prisoner, a panchayat executive officer, had been suffering from chronic diabetes since 2008. The court noted that despite repeated deterioration in his condition, “adequate and timely medical intervention” was not provided.
The court underscored that the right to health is an essential component of the right to life under Article 21 of the Constitution, especially for prisoners who are completely dependent on the State for medical care.
Justice Satapathy observed that the petitioner, Sabita Nishank, had “clearly established negligence” on the part of jail authorities. Her husband was remanded in September 2016 after being booked under IPC sections, including 409 (criminal breach of trust). His health kept worsening in custody, prompting her to approach a magistrate in January 2017 seeking proper treatment.
The High Court found that authorities acted only after the wife’s intervention. By the time the undertrial was shifted to the district hospital, his condition had severely deteriorated. He was referred to a Cuttack hospital but died the following day. The court also noted that the family had to bear the ambulance charges for the transfer, highlighting the apathy shown by jail officials.
Although the jail periodically checked his blood sugar and supplied medicines, the court held that such measures were inadequate for a patient with chronic diabetes. The lack of timely escalation of treatment amounted to indifference that ultimately cost him his life.
Nishank had sought ₹50 lakh compensation. After examining the facts, the High Court held that awarding ₹20 lakh was justified and proportionate, noting that custodial deaths caused by medical neglect warrant monetary redress.
