Bihar State Human Rights Commission. Telegraph picture

Patna, Aug. 16: Bihar State Human Rights Commission (BSHRC) has awarded a compensation of Rs 2 lakh in a case of custodial death. Commission chairman Justice S.N. Jha, in the recent order, directed the state government to submit the compliance report within eight weeks of delivering of the judgement.

The case is related to one Saroj Tiwari, an undertrial lodged in Khudiram Bose Centre Jail, Muzaffarpur, who died on January 1, 2010, while being treated in Patna Medical College and Hospital for liver ailment.

During the course of the hearing of the petition filed by family members of the deceased prisoners, some facts came to light, which brought forth the way prisoners are treated in Bihar jails. Moreover, it was revealed that Tiwari contracted the infection inside the jail itself.

Having been lodged in Muzaffarpur jail in March, 2006, Tiwari first complained about his ailment in 2009 and was treated in the jail hospital in June, 2009.

However, when his condition didn’t improve, he was referred to Shri Krishna Medical College and Hospital, Muzaffarpur, on June 21, 2009. He was diagnosed with anaemia and liver ailments and further investigation revealed that he was suffering from Hepatitis B. But he was discharged after a week’s treatment.

Tiwari again landed in SKMCH on August 21, 2009 but he was sent back to jail on September 4.

When his condition deteriorated, the undertrial was referred to PMCH on December 17, 2009 and he was finally admitted to PMCH on December 22. But he died on January 1, 2010. The post-mortem stated the liver ailment behind his death.

During course of hearing of the case before the commission, those representing the deceased submitted that Hepatitis B takes about 60 to 150 days’ time to develop from infection ordinarily caused by use of an infected needle. The deceased being in judicial custody since March 2006, it is clear that he contracted the disease while in custody.

After hearing both parties, the commission observed that there was no apparent explanation for the breaks in treatment and that it was a fit case of awarding compensation.