Published on : 28 September 2022 at 20:28 IST
Court – Supreme Court of India
Citation – DK Basu v. State of West Bengal (1997) 1 SCC 416
Hon’ble Supreme Court of India has that Hon’ble Court can provide for Monetary Compensation for redressal by the court finding the infringement of the indefeasible Right to Life of the Citizen. The Hon’ble Supreme Court of India and Hon’ble High Courts can grant of compensation in proceedings under Article 32 or Article 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21 of the Constitution of India.
Para – 44
The claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the Constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants.
Public law proceedings serve a different purpose than the private law proceedings. Award of compensation for established infringement of the indefeasible rights guaranteed under Article 21 of the Constitution is a remedy available in public law since the purpose of public law is not only to civilise public power but also to assure the citizens that they live under a legal system wherein their rights and interests shall be protected and preserved.
Grant of compensation in proceedings under Article 32 or Article 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the courts under the public law jurisdiction for penalising the wrongdoer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen.
Drafted By – Abhijit Mishra
Key Words – Compensation, Custodial Jurisprudence, Fundamental Right, Custodial violence.