Mumbai: The Maharashtra government has approved a comprehensive policy for providing financial compensation to the next of kin of persons who die in police custody, particularly in cases where death or permanent disability is found to have resulted from assault, torture, coercion or negligence.
Mechanism To Fix Accountability
The decision was taken at the state Cabinet meeting chaired by Chief Minister Devendra Fadnavis. The policy seeks to establish a structured mechanism for identifying cases eligible for compensation, verifying the circumstances surrounding custodial deaths and fixing responsibility on officials found guilty of misconduct or negligence.
Under the approved policy, the next of kin of a person who dies in police custody will be entitled to ₹5 lakh compensation if it is established that the death occurred due to assault, torture or pressure exerted by a police officer or employee.
Compensation For Permanent Disability
The policy also provides financial assistance in cases where a person survives but suffers permanent disability as a result of physical or mental torture in custody. A compensation of ₹2 lakh will be paid if the person suffers less than 50 per cent permanent disability. In cases where the permanent disability is 50 per cent or more, the compensation amount will be ₹4 lakh.
The government has, however, specified circumstances in which compensation will not be payable. These include deaths caused naturally due to advanced age or a chronic and incurable illness that existed before the person was taken into custody. Deaths caused by a sudden natural calamity will also be excluded.
Other Exclusions Specified
Similarly, compensation will not be granted where a person refuses medical treatment on their own, dies in an accident while attempting to escape from custody, or dies as a result of refusing medical treatment during a hunger strike undertaken over unreasonable demands.
The policy lays down detailed procedures relating to medical examinations, certification of injuries and disability, verification of the extent of permanent disability and scrutiny of supporting documents. It also specifies the procedure for preparing and submitting proposals for compensation.
In cases of custodial death, the concerned Superintendent of Police or Police Commissioner will have to take cognisance of the incident and submit a proposal within 30 days. The proposals will subsequently be examined under the prescribed mechanism before compensation is sanctioned.
The policy also contains provisions to fix accountability in cases where administrative officers or employees are found responsible for a custodial death. Such officials may face criminal proceedings if their culpability is established.
In addition, where negligence on the part of an officer or employee is established, the government can recover the compensation amount from the individual's salary, pension or property. The provision is aimed at ensuring that the financial burden arising from official negligence does not remain solely with the state exchequer.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
