Mumbai, Oct 27 A Rs 5 lakh compensation will be paid to families of those who die in custody due to police assault or administrative negligence in Maharashtra, while payouts for permanent disability resulting from physical or mental torture will be up to Rs 4 lakh.
These are key features of a new compensation policy for victims of police custody deaths and torture announced by the state Home Department on Tuesday, days after the Maharashtra cabinet approved the policy.
According to a government resolution (GR), a Rs 2 lakh compensation will be payable if the person suffers permanent disability of less than 50 per cent due to custodial torture, while Rs 4 lakh will be provided for disability of 50 per cent or more, subject to medical certification and verification.
If police personnel are found guilty of assault or administrative negligence following an internal inquiry, criminal cases will be registered against them. The government will recover the compensation paid (to victims/families) from the salary, pension or property of the officials found responsible for negligence, stated the order.
The policy has been framed in accordance with directions issued by the Bombay High Court in a petition filed in 2014. It aims to provide timely financial assistance to the legal heirs of persons who die in police custody and to those who suffer permanent disability due to custodial torture or the use of prohibited methods.
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, according to the GR.
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, said the GR.
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.
(PTI News)
