Nilabati Behera v State of Orissa (1993)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

A young man taken into police custody on a theft charge was later found dead with injuries near a railway track. His mother sought compensation.

Issue.

Can the Supreme Court award monetary compensation for a custodial death as a public-law remedy under Article 32?

Held.

Yes. Compensation for violation of the Article 21 right to life is an enforceable public-law remedy, distinct from a private tort claim; the State is liable for custodial death.

Why it matters.

Established constitutional compensation for custodial death — the authority behind every custodial-death fact-pattern.

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