Maharashtra To Pay Rs 5 Lakh Compensation For Deaths In Police Custody
The policy provides for recovery of the compensation amount from the salary or pension of the police officers and personnel: Reports
MUMBAI: The Maharashtra Cabinet on Tuesday approved a policy to provide compensation to the next of kin of persons who die in police custody due to assault, torture or pressure by police officers or personnel.
Under the policy, the next of kin will be paid Rs 5 lakh if it is established that the death resulted from assault, torture or coercion by police personnel. In cases where physical or mental torture results in permanent disability of less than 50 per cent, the affected person will be eligible for Rs 2 lakh, while Rs 4 lakh will be paid for permanent disability of 50 per cent or more.
The policy provides for recovery of the compensation amount from the salary or pension of the police officers and personnel responsible for the death of the person in police custody.
The decision was approved at a Cabinet meeting chaired by Chief Minister Devendra Fadnavis at Mantralaya. The policy also specifies circumstances in which compensation will not be payable. These circumstances include natural death due to age or a pre-existing incurable illness, death caused by a sudden natural calamity, refusal to undergo medical treatment, an accident while attempting to escape custody, and death resulting from a hunger strike over unreasonable demands or refusal of medical treatment.
Officials said that the policy laid down procedures for medical examinations, certification and verification of disability, scrutiny of documents and submission of compensation proposals. The concerned district superintendent of police or commissioner of police will be required to take cognisance of such cases and submit a proposal within 30 days.
An official from the Home Department said that the policy for police custodial deaths was approved by the Cabinet in view of a directive of the National Human Rights Commission and a Bombay court order in Writ Petition No. 1866/2014.
The state already has a policy for deaths in jail during judicial custody. “For permanent disability caused by physical or mental torture/prohibited practices, compensation will be Rs 2 lakh for disability below 50 per cent and Rs 4 lakh for disability of 50 per cent or more.
The disability will have to be certified by a competent medical board, with verification through the UDID system, and compensation will be limited to the additional disability caused by the custodial incident,” the official said.
He also said that the Home Department will earmark a fund for this policy and subsequently recover the amount from the responsible police personnel through their salary or pension, or by attaching a property. “A criminal case will also be filed against the responsible police personnel who are found guilty of negligence,” he said.
A senior official said that the policy seeks to strengthen accountability and safeguard the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution, while reinforcing existing safeguards governing police custody.
Meanwhile, the state Cabinet also decided to institute the ‘Chief Minister’s Gallantry Medal’ to honour police officers and personnel for acts of exceptional courage in the line of duty. Recipients of the annual award will be presented with a medal, a citation and a cash prize of Rs 50,000.
The awards will be presented on Maharashtra Day, May 1. The number of medals to be awarded each year will be determined based on field-level performance reports and recommendations received from across the state.