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Synopsis

The Calcutta High Court recently directed the state government of West Bengal to pay compensation of Rs. 15 Lakh to the family of a teenager who died an unnatural death in police custody at Mallarpur Police Station of Birbhum district in 2020.

A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya while hearing a PIL and Suo Moto Writ Petition pertaining to the incident, strongly criticized the role of police in the matter.

The bench said, “There is a sorry state of affairs in which a young boy of 15 years died in police custody".

There were 2 aspects pointed out in both petitions:

1. How do police officers have to be sensitized and what type of directions are needed to be issued?
2. Payment of compensation to the family of the victim boy.

With regards to the second aspect, an affidavit filed on behalf of the National Human Rights Commission for Protection of Child Rights gave an indication as to how monetary relief has to be computed in cases of death in police custody. According to the same, the bench directed the state to pay an amount of Rs. 15 Lakh to the deceased's family within 15 days.

“The father of the victim boy is said to have been offered a temporary job in a panchayat and the family is living below the poverty line. Thus, considering all the aspects, we are of the view that a sum of Rs.15 lakhs shall be paid as compensation to the family of the victim boy. We have quantified this amount by taking note of various factors including the fact that the recommendation of NHRC recommending Rs.6 lakhs monetary relief for custodial death (police) was in the year 2021 and compensation is being ordered by this Court in 2023,” the bench said.

Regarding the first aspect, the court said that "it is the duty of the state to sensitize all its police officers on their duties and responsibilities under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017".

“The rules are in place but all that is required is to implement the rules and to sensitize the police officers about the duties, which they have to discharge while dealing with the children in conflict with the law,” the court said.

Advocate General S. N. Mookherjee informed the court that disciplinary action was taken against the police officers who were stationed in the police station and an order of punishment was also issued.

However, the court noted the order of punishment was the stoppage of annual increments for a period of one year. Court held the same to be thoroughly inadequate considering the gravity of the charge.

Court elaborated on the various Rules (specifically Rule 8) provided under the West Bengal Juvenile Justice (Care and Protection of Children) Rules, 2017 and directed the state to take steps in accordance with the Rules, issue appropriate guidelines, and ensure that all police stations carry the necessary information, as mandated by the Act and the Rules.

“The above directions shall be taken note of by the appropriate authority of the State Government and effective procedures be put in place and the State Government can also formulate a Standard Operating Procedure (SOP) as a guidance note to all the police officers while dealing with the children in conflict with the law,” Court added.

Court directed the state government to comply with the directions within a period of three months.

Case Title: In Re: Unnatural death of a Teenaged boy in Mallarpur; Arijit Adhikary v. State of West Bengal & Ors.