The Orissa High Court has directed the State Government to pay ₹20 lakh as compensation to the widow of an undertrial prisoner who died in custody in 2017. The Court held that the jail authorities showed palpable negligence by failing to provide timely and adequate medical treatment, even though they were aware that the undertrial was suffering from chronic diabetes and high blood sugar.
The deceased, a panchayat executive officer, was arrested on September 20, 2016, in a criminal case and lodged in a sub‑jail. According to the petition filed by his wife, the jail authorities did not provide proper treatment for his diabetic condition during incarceration. Though his blood sugar was periodically checked and some medicines were given, there was no adequate and timely medical intervention that a chronic diabetic patient required.
When his health deteriorated, his wife filed an application before the local magistrate in January 2017, seeking a direction for proper medical treatment. Only after this petition did the jail authorities move to shift him for hospital treatment. On January 25, he was sent to the district hospital at Puri, and then referred to SCB Medical College and Hospital, Cuttack. Unfortunately, he died on January 26 while undergoing treatment.
The Court found that by the time the shifting orders were issued, his health had already deteriorated significantly, indicating that the jail authorities’ failure to act promptly amounted to gross negligence. Acknowledging that undertrial prisoners are entirely dependent on the State for medical care, the Court underscored that the right to health is an integral part of the right to life guaranteed under the Constitution.
In her petition filed in 2017, the wife had sought ₹50 lakh as compensation for her husband’s premature death due to lapses and negligence. The Court, after examining the record, ruled that ₹20 lakh was just and proportionate given the circumstances. The Court also directed that the compensation be released within six weeks.
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