HC seeks info on unnatural prison deaths in state

Raipur: Stressing on prisoners' right to protection under Article 21 of the Constitution of India, the Chhattisgarh High Court ordered the director general of prisons and correctional services of the state to file a fresh affidavit disclosing the number of unnatural deaths of inmates in various jails in the state.

The court further directed that the affidavit should highlight the causes of these deaths, as well as the compensation paid to the next of kin or legal , along with proof of the payments, from the year 2023 until April 2025. The division bench comprising Chief Justic Ramesh Sinha and Arvind Kumar Verma made these observations during the hearing od a suo-moto petition, wherein previously filed affidavits did not include information about compensation and causes of the unnatural deaths.

The HC bench also directed the additional advocate general (ADG) of Chhattisgarh to communicate the order to the authorities concerned for necessary information and compliance. The court heard arguments from Sunil Pillai and P. Chetan Kumar, counsel for the petitioner and Amicus Curiae, respectively.

In compliance with the court's earlier order dated Jan 16, 2025, the superintendent of central jail, Bilaspur, filed an affidavit on March 29. Upon review, HC noted that the number of unnatural deaths in prison decreased from 2019 to 2024, with only one reported case in 2024. In compliance with a previous HC order, the state govt formulated a policy for compensation related to the unnatural deaths of prisoners and notified it in the official gazette. The affidavit submitted by the superintendent of Central Jail, Bilaspur, confirmed that a notification concerning compensation for unnatural deaths of inmates was issued on Aug 14, 2023.

Counsel Pillai contended that compensation amounts should vary based on the age of the deceased prisoner, rather than being fixed amounts. The notification stipulates that compensation will be provided under five different conditions, with amounts ranging from Rs. 5 Lakh to Rs. 7.50 Lakh. However, it does not account for age-based differentiation in compensation.

Previously, in response to HC's order dated Nov 26, 2024, the director general of prisons and correctional services, filed an affidavit on Jan 11, 2025. This document included charts detailing deaths and unnatural deaths in state prisons from 2019 to 2024. The data indicated a total of 399 deaths during the period, with 19 classified as unnatural. In 2023, two cases of unnatural deaths were recorded, while in 2024, there was only one such case. But the charts only presented numerical data without specifying causes of unnatural deaths.

Furthermore, the affidavits filed by both the director general of prisons and the superintendent of central jail, Bilaspur, did not provide details on whether compensation was paid to the legal heirs of prisoners who died under unnatural circumstances. The court listed the matter again for further monitoring on May 5, 2025.