NHRC recommends one lakh rupees monetary relief in case of
the death of an under trial prison in UP
New Delhi, May 5, 2009
The National Human Rights Commission has recommended UP Government to pay One Lakh rupees as monetary relief to the next of kin of an under trial prisoner Chini who died in the District jail, Jaunpur, UP on 19th September, 2001 due to inadequate medical care.
The Commission considered the case on a complaint filed by one Kamlesh brother in law of the decease alleging that Chini suffered from chest pain for two months which eventually led to his death in absence of proper medical care in the jail. In response to Commission's notice, the DG (Prisons) informed that the deceased had been complaining of fever, head ache and body pain for two months and he was not responding to the routine treatment in jail. The medical officer in the jail did not care to call a specialist for consultation. He was neither examined by a heart specialist nor treated for chest pain. The Commission subsequently issued the Show Cause Notice to the Chief Secretary, UP, as to why monetary relief should not be given to the next of kin of the deceased who died in the absence of adequate medical care. The Chief Secretary UP informed that the disciplinary action has been initiated against the delinquent medical staff of the jail. He also said that since the post mortem did not reveal any injury or any chronic decease and the prisoner died because of cardiac arrest hence the monetary relief should not be recommended.
The Commission on consideration of the reply of DG (Prisons) and Special Secretary UP Government observed that the prisoner had been complaining of chest pain for two months before his death. He was not responding to the routine treatment. Despite this he was never examined by a heart specialist or treated for chest pain. The Commission concluded that the omission to call a specialist indicates negligence on the part of the prison authorities. Therefore the State cannot escape its liability to compensate the family of the deceased. The Commission has also asked the Chief Secretary; UP to submit the compliance report and proof of payment within eight weeks from the receipt of the letter.
**********
The National Human Rights Commission has recommended UP Government to pay One Lakh rupees as monetary relief to the next of kin of an under trial prisoner Chini who died in the District jail, Jaunpur, UP on 19th September, 2001 due to inadequate medical care.
The Commission considered the case on a complaint filed by one Kamlesh brother in law of the decease alleging that Chini suffered from chest pain for two months which eventually led to his death in absence of proper medical care in the jail. In response to Commission's notice, the DG (Prisons) informed that the deceased had been complaining of fever, head ache and body pain for two months and he was not responding to the routine treatment in jail. The medical officer in the jail did not care to call a specialist for consultation. He was neither examined by a heart specialist nor treated for chest pain. The Commission subsequently issued the Show Cause Notice to the Chief Secretary, UP, as to why monetary relief should not be given to the next of kin of the deceased who died in the absence of adequate medical care. The Chief Secretary UP informed that the disciplinary action has been initiated against the delinquent medical staff of the jail. He also said that since the post mortem did not reveal any injury or any chronic decease and the prisoner died because of cardiac arrest hence the monetary relief should not be recommended.
The Commission on consideration of the reply of DG (Prisons) and Special Secretary UP Government observed that the prisoner had been complaining of chest pain for two months before his death. He was not responding to the routine treatment. Despite this he was never examined by a heart specialist or treated for chest pain. The Commission concluded that the omission to call a specialist indicates negligence on the part of the prison authorities. Therefore the State cannot escape its liability to compensate the family of the deceased. The Commission has also asked the Chief Secretary; UP to submit the compliance report and proof of payment within eight weeks from the receipt of the letter.
**********