Nilabati Behera vs State of Orissa
Nilabati Behera v. State of Orissa case — a landmark judgment related to custodial death and state liability.
🧑⚖️ Nilabati Behera v. State of Orissa
AIR 1993 SC 1960 | Supreme Court of India
⚖️ Background:
Nilabati Behera, the mother of a deceased youth, approached the Supreme Court seeking compensation for the custodial death of her son.
The son was allegedly killed in police custody in Orissa.
The case raised the issue of state responsibility and compensation for custodial deaths.
🔍 Issues:
Whether the state is liable to pay compensation for custodial deaths caused by police brutality.
What are the remedies available to victims of police excesses?
Can the Supreme Court intervene to order compensation?
🧑⚖️ Supreme Court Judgment:
Key Points:
State Liability:
The Supreme Court held that the state is liable to pay compensation in cases of custodial death caused due to police negligence or brutality.
The state has a constitutional obligation to protect the life and liberty of individuals (Article 21).
Compensation as Remedy:
The Court recognized compensation as an effective remedy to uphold justice and protect human rights.
Monetary relief helps in mitigating the loss and serves as a deterrent against police misconduct.
Judicial Activism in Human Rights:
The Court emphasized the role of judiciary in safeguarding human rights and ensuring accountability of law enforcement agencies.
It encouraged proactive steps to check custodial violence.
Guidelines for Police:
Police officers must follow rules and guidelines concerning arrest and detention.
Strict action should be taken against those found guilty of custodial torture or deaths.
📝 Significance:
First major Supreme Court judgment to hold the state liable for custodial death.
Established the principle of compensation for violation of fundamental rights.
Strengthened the accountability of police and protection of citizens against state abuse.
Enhanced the scope of Article 21 (Right to Life).
📌 Summary Table:
| Aspect | Judgment/Principle |
|---|---|
| Custodial Death | State liable for police brutality or negligence |
| Remedy | Compensation awarded to victim's family |
| Constitutional Basis | Article 21 – Right to life and personal liberty |
| Impact | Judicial protection against custodial violence |
| Police Accountability | Strict action against offenders |
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