NHRC of India Reaffirms State Accountability in Custodial Deaths: A Landmark Step for Human Rights

 

NHRC of India Reaffirms State Accountability in Custodial Deaths: A Landmark Step for Human Rights

The National Human Rights Commission of India (NHRC) has once again demonstrated its unwavering commitment to upholding the dignity of every individual, especially those most vulnerable under State custody. In a recent case (No. 1016/18/19/2023-AD), the Commission issued a Show Cause Notice to the Government of Odisha following the custodial death of Ravindra Meher, a 30-year-old convict who died by suicide in the Special Sub-Jail, Boudh, on 8 April 2023.

The NHRC’s observations leave no ambiguity:

  • The State carries the ultimate responsibility for the safety and well-being of all individuals in its custody.

  • Custodial deaths signal systemic negligence, particularly when psychiatric patients are left without adequate supervision.

  • The principle of vicarious liability places accountability squarely on the State for acts of omission or commission by its officials.

The Commission, in its order dated 27 August 2025, directed the Chief Secretary of Odisha to explain why compensation of ₹5,00,000 (approx. USD 6,000) should not be paid to the next of kin of the deceased. Furthermore, the NHRC underscored the urgent need for:

  • Human rights sensitization of jail officials,

  • Enhanced surveillance and mental health support in prisons, and

  • A systemic approach to preventing custodial deaths.

This directive is not just about one individual case. It is a reminder to all democratic states that imprisonment does not strip a person of their right to life, dignity, and humane treatment. The NHRC has reasserted the constitutional principle that the State acts as Parens Patriae, guardian of its citizens—even, and especially, when they are behind bars.

Why This Matters Globally

Custodial deaths remain a global human rights challenge, often rooted in negligence, overcrowding, poor mental health care, and lack of accountability. The NHRC of India’s proactive intervention sets a precedent for international human rights institutions: states must protect the most vulnerable, not neglect them.

As a complainant in this case, I deeply appreciate the NHRC’s principled stance and their insistence on justice, accountability, and systemic reform. This decision resonates with international human rights frameworks such as the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), reaffirming India’s responsibility under its constitutional and international obligations.

Moving Forward

The NHRC’s insistence on compensation, accountability, and structural reform is a significant step towards reducing custodial deaths in India. It also amplifies the message that human rights must extend behind prison walls.

In honoring the dignity of even the most marginalized, the NHRC strengthens democracy itself. For the global human rights community, this case is a reminder: justice is measured not by how we treat the powerful, but by how we protect the powerless.


#HumanRights #NHRCIndia #CustodialDeaths #Justice #PrisonReform #MandelaRules #Accountability

From: <nhrc.india@nic.in>
Date: Wed, Aug 27, 2025 at 4:40 PM
Subject: Show Cause Notice Issued (SCN) -1016/18/19/2023-AD
To: <csori@nic.in>, <homesec.od@od.gov.in>, <pvchr.adv@gmail.com>



NATIONAL HUMAN RIGHTS COMMISSION
MANAV ADHIKAR BHAWAN BLOCK-C, GPO COMPLEX, INA, NEW DELHI- 110023
Fax No.: 011-24651332    Website: www.nhrc.nic.in
(Law Division)
Case No.- 1016/18/19/2023-AD

Date : 27/08/2025  
To,
THE CHIEF SECRETARY
Government of Odisha General Administration Department Odisha Secretariat Bhubaneswar
ODISHA ODISHA
751001
Email- csori@nic.in

THE SECRETARY - Home
ODISHA ODISHA
Email- homesec.od@od.gov.in

 
Sir/ Madam,
 
        The case No. 1016/18/19/2023-AD in respect of LENIN RAGHUVNASHI, was placed before the Commission on 27/08/2025. Upon perusing the same, the Commission directed as follows:
         

This proceeding shall be read in continuation of earlier proceedings of the Commission.

This case pertains to the death of 30 years old Convict Ravindra Meher by hanging on 08.04.2023, who was under the custody of Special Sub-Jail, Boudh, Odisha since 02.08.2015.

Vide proceeding dated 21.02.2024, the matter has been sent to the Investigation Division for analysis of the reports/records received from the authorities concerned and the Investigation Division after analysis has found as under:-

“…2.      It is reported that on 08.04.2023 at about 6.30-7.00, the convicted committed suicide by hanging in the bathroom of ward No. 11 by a gamuchha (neck cloth). He was reportedly a psychiatric patient and under treatment.

3.      A single contusion was found on the body beside a ligature mark. The cause of death was given as asphyxia due to ante mortem hanging. The post-mortem examination report and the magisterial enquiry report revealed that the death of the deceased died due to suicidal hanging in the jail.

4.      The deceased has committed suicide by hanging while in the judicial custody which indicates negligence on the part of surveillance on the inmates especially the convict, a psychiatric. Any omission or commission on the part of the public servant, the state is vicariously liable…”

The Commission has gone through the analysis of the reports done by the Investigation Division and has perused its recommendation and has also considered other relevant materials placed on the record.

The Commission has considered findings of the Investigation Division and the Reports available on record and independently observes and concludes that in the present case, the deceased, UTP Ravindra Meher, aged 30 was in Judicial Custody. The UTP died as he had committed suicide by hanging in the bathroom of ward No. 11 by a gamuchha (neck cloth) on 08.04.2023 at about 6.30-7.00. The Report reveals that a single contusion was found on the body beside a ligature mark. The cause of death was given as asphyxia due to ante mortem hanging. The post-mortem examination report and the magisterial enquiry report revealed that the death of the deceased died due to suicidal hanging in the jail.  The deceased has committed suicide by hanging while in the judicial custody which indicates negligence on the part of surveillance on the inmates especially the convict, a psychiatric. Any omission or commission on the part of the public servant, the state is vicariously liable.

In view of the above, it is pertinent to mention here that, when a person is under the custody of the state is taken as under safe custody. Thus, it is the responsibility of the state to ensure the safety, security and well being of the person under its custody. In case of any negligence or violation, the state is vicariously liable for the acts of omission and Commission on the part of the jail officials. The deceased died in the judicial custody due to injuries sustained by him as a result of his committing suicide by hanging in the bathroom of ward No. 11 by a gamuchha (neck cloth) on 08.04.2023 at about 6.30-7.00 of the first floor. It is evident from the facts on record that the incident took place due to the negligence on the part of the concerned jail authorities. Hence, the State is viciously liable for the act of omission and commission on the part of its employees.

It is pertinent to mention here that safety and security are prime responsibilities of the State when an arrestee is in its custody. In the instant case, the jail officials failed to protect the deceased. If they had been vigilant enough, the incident could have been averted, and the life of an innocent person might have been saved. Prima facie, there is negligence on the part of the police who failed to keep vigil on the accused person inside the premises of the jail premises. Had he been kept under supervision/guard, this incident could have been averted. For any act of omission or commission on the part of the jail authorities, the State is vicariously responsible.

The duty to take care & protection of the prisoner in Judicial Custody lies with the state  and in this case the Officials failed to do so and State being Parens Patriae of its citizens vicariously liable to pay compensation to the Next of Kin (NoK) of the deceased.
In view of above, the Commission hereby directs its Registry to issue notice u/s 18 of the PHR Act 1993 to the Chief Secretary, Govt. of Odisha to show cause as to why the Commission should not recommend a monetary compensation of Rs.5,00,000/- (Rs Five Lakhs only) to the NoK of deceased UT prisoner Ravindra Meher, who died in Judicial custody on 08.04.2023, while he was in the Judicial Custody of Special Sub-Jail, Boudh, Odisha.

The reply to show cause notice is to be submitted, within six weeks positively, failing which the Commission shall presume that the State Government has no objection in grant of said compensation and the Commission would be constrained to confirm its recommendation accordingly.

The Commission directs Home Secretary, Govt. of Odisha to submit an Action Taken Report on the negligence of Jail Authorities which led to the death of a person in custody. They are further directed to address the issue of Custodial deaths and sensitize Jail officers with human rights training, emphasizing the importance of ethical conduct and respect for the dignity of all individuals including arrestees/UTP.

The compliance report is to be submitted within six weeks positively.

List this matter thereafter.

 
2.     This is for your information and further necessary action.

Your’s faithfully
Sd/-
Indrajeet Kumar
DEPUTY REGISTRAR (LAW)
M-6 Section
Ph. No. 011-24663276

CC to

Complainant Details
Case No. 1016/18/19/2023-AD
LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

Indrajeet Kumar
DEPUTY REGISTRAR (LAW)
M-6 Section
Ph. No. 011-24663276

Link to details of Dairy: https://www.scribd.com/document/907477685/NHRC-of-India-Reaffirms-State-Accountability-in-Custodial-Deaths-A-Landmark-Step-for-Human-Rights

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