Maha govt announces new policy for custodial deaths and torture compensation

Mumbai, Oct 27 (IANS) The Maharashtra government on Tuesday announced a new policy for custodial deaths and torture compensation. 

Under a new policy issued by the Maharashtra Home Department, the state government has fixed financial compensation of Rs 5 lakh for the legal heirs of individuals who die in police custody due to police assault or administrative negligence.

Framed in accordance with directions from the Bombay High Court regarding a 2014 petition, the Government Resolution (GR) aims to establish a structured, timely relief mechanism for victims and their families. 

Besides compensation for loss of life, the scheme introduces structured relief for permanent disability stemming from physical or mental torture during custody, comprising Rs 4 lakh for permanent disability evaluated at 50 per cent or more and Rs 2 lakh for permanent disability rated below 50 per cent.

All disability claims remain subject to strict medical certification and official verification. In cases of death caused by assault, torture or coercive methods used by police personnel, the cause must be established through evidence such as a magisterial inquiry, medical and forensic reports, independent investigation, witness statements or CCTV footage.

A criminal conviction will not be necessary for granting compensation. For deaths resulting from administrative negligence, the policy cites failures such as denying timely medical examination or treatment, ignoring complaints of illness or injury, failing to follow medical advice and delaying emergency medical assistance. District Superintendents of Police or Police Commissioners concerned must scrutinise and submit compensation proposals within 30 days of the incident or 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.

The government will recover the compensation paid from the salary, pension or property of the officials found responsible for negligence. The policy excludes deaths attributable to natural causes, certain natural disasters without institutional negligence, refusal of medical treatment and accidents while escaping custody, among other specified circumstances.

--IANS

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