A CUSTODIAL DEATH VICTIM COMPENSATED BY THE HIGH COURT OF ODISHA

A CUSTODIAL DEATH VICTIM COMPENSATED BY THE HIGH COURT OF ODISHA 23/12/2011
ODISHA NEWS:


It took four years of legal battle for the parents of custodial death victim Bhaskar Behera of Athaghar to get a compensation of 4 lakh awarded by the Hon’ble High Court of Odisha on Thursday.

A division bench of the High Court headed by Chief Justice V Gopala Gowda holding the state police responsible for the death one Bhaskar Behera of Athagarh in June 2007 directed the state government to pay the compensation to the mother of the deceased, Bilasini Behera.

The parents of the victim were not satisfied by the previous award of Rs 1 lakh as compensation by the Odisha Human Right Commission for that they had approached the High Court for more compensation for their 24 year old son who died due to police atrocities behind the cell.


Directed by the High Court, the Odisha Human Rights Commission in 2008 had conducted an enquiry into the incident and observed that Bhaskar died due to shock and not due to police assault as alleged.

However, the Commission had held the police guilty for unlawful entry into the house of Bhaskar at the dead of the night and had instructed the state government to initiate departmental proceedings against the erring policemen.

The Odisha Human Rights Commission had held that Athgarh police led by ASI NK Das had gone to Rajnagar village on that ill-fated night to investigate one complaint of a minor girl being assaulted by one Kabu Behera.

Instead of pursuing that case, police entered into the house of Bhaskar, who was sleeping at that time.


Bhaskar died due to aspiration of stomach-contents into his wind pipe as he was shocked and frightened at the sight of police at his doorstep late in the night, the Commission had observed in its report basing on medical evidence.

The incident, however, had triggered panic in the state and the Congress had observed Athgarh bandh, demanding CBI probe into the incident.

The incident had also assumed significance as in an unfortunate incident, the 85-year-old grandfather of the victim, Chaitanya Behera, died two days after Bhaskar’s death due to shock and agony.

Family members had claimed that Chaitanya was the only eye-witness to police assault on Bhaskar.


In India, Government is for the people, of the people and by the people. Law is for the people and people are not for the law. The utmost object of any law is to create an atmosphere of trust, equality and fearless co-existence among the people irrespective of status, caste, creed or religion. But the State fails to evolve any law for the welfare of the families of the victims of the custodial death.


No one ever cares to look into the state of condition of the families of the victims of the custodial death who lost their only breadwinner. The Government whose foremost duty is welfare of the people, not bothered to bring any legislation for the welfare of the families of the victims of the custodial death perhaps their contribution to the vote bank of the political parties who run the government is negligible. The families of the victims of custodial death lost regular income, wife lost a protecting husband and children lost a caring father in this way every member of the family lost some one or the other for no fault on their part. There all hopes dashed to ground. The lump sum monetary compensation is not an appropriate and only remedy in case where the victim is the only breadwinner for the family. In such a case the family is not only in need of lump sum monetary compensation but also requires monthly income to supplement the income lost.


The State and the society must realize the necessity of developing more scientific forensic investigation leading to the correct conclusion avoiding the pressure obligation or duty on the police and other law enforcing authorities to bring the offenders to justice.


SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF, THESE DAYS,
ODISHA