Maharashtra: Policy lays down compensation for custodial deaths

The move follows directions from the State Human Rights Commission.

Mumbai: The Maharashtra cabinet on Tuesday approved a policy for payment of ex gratia to the next of kin of prisoners who die of unnatural circumstances while being lodged in jails in the state. The move follows directions from the State Human Rights Commission, which had asked the government to frame a policy to avoid repeated instances of the kin of deceased prisoners moving court.

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According to the policy, families of inmates who die by suicide will get ₹1 lakh, while kin of inmates who die due to accidents, atrocities by jail staff, and skirmishes with other inmates will get ₹5 lakh. Natural deaths of prisoners – including death due to old age, prolonged illness or while on bail – have been excluded from the ambit of the policy while families of prisoners who die due to natural calamities will be eligible for compensation as per the state government’s prevailing policy.

The cabinet on Tuesday also gave its nod for action against officials responsible for deaths in prison after the home department moved the proposal.

According to officials from the department, around five to 10 cases of custodial death take place in the state every year. The department spends over ₹20 lakh annually to compensate families of the deceased, based on orders issued by SHRC, the officials noted.

“Families of deceased prisoners would move the SHRC seeking compensation whenever such incidents occurred. The SHRC had asked us to frame a policy to avoid such instances and the cabinet has cleared a policy as per the order,” said an official.

Superintendents of jails where custodial deaths are recorded will have to move the proposal for ex-gratia payment along with a preliminary inquiry report, post mortem report and medical investigation report. The proposals will be reviewed by the inspector general of prisons before they are sent to the state government for a final nod, said officials.

States like Telangana, Rajasthan, Mizoram, Goa and Karnataka already have a policy pertaining to compensation for custodial deaths. But the amount of compensation varies from state to state.