Case Comment On Rudul Sah V. State Of Bihar (1983)

Hardik Gupta, Symbiosis Law School, Hyderabad

INTRODUCTION:

The Rudul Sah’s case’s landmark judgment that paved certain new dimensions in the jurisprudence of state liability. The case developed the idea of compensation for violations of fundamental rights protected by the Indian Constitution. It was a public interest litigation case filed in 1983 in the Supreme Court under Article 32 of the Indian Constitution, that gives every citizen of India the right to seek constitutional remedy from the Supreme Court, if they have been deprived of their fundamental rights.

In the petition, the petitioner demanded the release of Rudul Sah from illegal imprisonment as well as subsidiary relief such as rehabilitation, reimbursements of expenses that he may incur for medical treatment, and compensation from the state. This was the first instance wherein the Supreme Court awarded monetary compensation to the victim in the event of violating his Fundamental Rights.

This case broadened the parameters of compensatory relief within constitutional limits. The Supreme Court has actively examined economic and social rights in light of Article 21, which talks about the Right to Life while taking into account compensation as a legal remedy for the violation of Fundamental Rights.