Daijiworld Media Network - Mumbai
Mumbai, Oct 27: The Maharashtra government on Tuesday announced a new policy providing financial compensation for custodial deaths and permanent disabilities resulting from torture in police custody.
Under the policy issued by the state Home Department, the government has fixed compensation of Rs 5 lakh for the legal heirs of individuals who die in police custody due to police assault or administrative negligence.
The Government Resolution (GR), framed in accordance with the Bombay High Court’s directions in connection with a petition filed in 2014, aims to establish a structured and time-bound relief mechanism for victims and their families.
Besides compensation for custodial deaths, the policy provides Rs 4 lakh for permanent disability assessed at 50 per cent or more and Rs 2 lakh for permanent disability below 50 per cent resulting from physical or mental torture in custody.
All disability claims will be subject to medical certification and official verification.
In cases of deaths allegedly caused by assault, torture or coercive methods used by police personnel, the cause of death must be established through evidence such as a magisterial inquiry, medical and forensic reports, an independent investigation, witness statements or CCTV footage.
The policy states that a criminal conviction will not be mandatory for the grant of compensation.
For deaths resulting from administrative negligence, the policy identifies lapses such as denial of timely medical examination or treatment, failure to respond to complaints of illness or injury, disregard for medical advice and delays in providing emergency medical assistance.
The concerned District Superintendents of Police or Police Commissioners must scrutinise and submit compensation proposals within 30 days of the incident or the medical certification of permanent disability.
The state government will examine proposals received from the Director General of Police within a further 30 days.
If police personnel are found guilty following an internal inquiry, criminal cases will be registered against them, according to the policy.
The government will also recover the compensation paid from the salary, pension or property of officials found responsible for negligence.
However, the policy excludes deaths attributable to natural causes, certain natural disasters in the absence of institutional negligence, refusal of medical treatment and accidents occurring while attempting to escape custody, among other specified circumstances.