The Aurangabad bench of the Bombay High Court recently ordered the Maharashtra government to pay a compensation of ₹10 lakh to the family of an undertrial prisoner, who died after being denied proper medical treatment by the jail authorities [Vishnu Sandipan Kute vs State of Maharashtra].A division bench of Justices Anuja Prabhudessai and RM Joshi held that providing proper medical treatment and facilities to prisoners is the duty of the State government.

It noted that the deceased was a young man of only 32 years of age and that his wife, children and parents were dependent on him. 

It also took into account the fact that the deceased was not a hardened criminal involved in some grave or serious crime.

"He lost his life only due to the failure of the jail authority to provide medical treatment. It need not be emphasised that the right to health enshrined in Article 21 of the Constitution of India particularly of a prisoner who is deprived of his personal liberty, albeit as per the procedure of law, cannot be ignored," the bench observed in its order passed on March 2. 

The Court also highlighted that the Supreme Court has in several decisions held that the right to life includes right to live with human dignity. 

"Hence the duty of the State to provide medical treatment to the prisoners, to take care and ensure the safety and security of the prisoners and treat them with human dignity needs no affirmation. The Government having failed in its duty, the petitioners being the parents, widow and the children of the deceased, are entitled for compensation," the bench held. 

The bench was seized of a plea filed by the widow the deceased Pratap Kute, her two children and the parents of the deceased

Kute had died while in judicial custody on February 27, 2012.

In the plea, the family alleged that he was already suffering from spondylosis and severe pain and had even filed an application before the Magistrate on February 7, 2012.

He was admitted to the hospital in Beed only after his health condition deteriorated. The hospital at Beed referred him to the Government Medical College, Aurangabad.

On the other hand, the State claimed that the deceased was HIV positive and was also suffering from tuberculosis. 

However, the bench noted that from February 7 till February 23, the day he was admitted to the hospital in Beed, he was not afforded any medical treatment except for some blood tests.The reports of such tests were also received only after his death.

"It was the duty of the superintendent of the jail and all the other concerned to ensure that necessary medical facility was provided to him. The records further reveals the endorsement by the constable, which itself reflects total callous and insensitive mindset of the police authorities as well as the jail authorities," the Court opined. 

The bench further noted that despite his request to provide medical treatment, no timely medical aid was provided to him except for collecting his blood sample, report of which was also received only after his demise.

"In our considered view, there has been total negligence and lapse on the part of the jail authorities in providing adequate, effective and proper medical treatment and on the part of the police guard on duty who declined to shift the deceased to Government Medical College, Aurangabad which has resulted in his death," the Court said. 

Therefore, his parents, widow and children have been deprived of love and affection of their loved one due to his untimely death caused due to negligence of the jail authority and the police guard. 

"In such circumstances, though we cannot compensate human life in true sense, we are inclined to award compensation of ₹10 lakh," the bench ordered. Advocate NR Thorat appeared for the Petitioners. Additional Public Prosecutor MM Nerlikar represented the State.