State approves compensation policy for custodial deaths, permanent disabilities

Under the policy, compensation of ₹5 lakh will be awarded if a custodial death is determined to have resulted from assault, torture, or coercion by police personnel

MUMBAI: The state cabinet approved a policy on Tuesday to provide compensation to the next of kin of individuals who die in police custody and to those who suffer permanent disabilities due to torture or prohibited practices. The policy includes provisions for the recovery of the compensation amount from the salaries or pensions of the police officers and personnel responsible for the incidents.

State approves compensation policy for custodial deaths, permanent disabilities

Under the policy, compensation of ₹5 lakh will be awarded if a custodial death is determined to have resulted from assault, torture, or coercion by police personnel. Additionally, ₹5 lakh will be provided for deaths resulting from proven administrative negligence, including failure to provide timely medical treatment, ignoring health complaints, or inadequate supervision, provided a clear causal link is established.

“For permanent disabilities caused by physical or mental torture, the compensation will be ₹2 lakh for disabilities below 50% and ₹4 lakh for disabilities of 50% or more,” stated officials from the home department. “The disability must 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 officials noted that while a policy for deaths in jail already exists, the new policy for police custodial deaths had been developed in accordance with directives from the National Human Rights Commission and a court order from a 2014 case.

The compensation will not apply in cases of natural death due to aging or pre-existing incurable illnesses, sudden natural calamities, refusal of medical treatment, accidental death during an escape attempt, or death resulting from a hunger strike or refusal of necessary medical care.

Under the new framework, district police superintendents or commissioners must take cognisance of such cases and submit compensation proposals within 30 days. If government officials or employees are found responsible for a custodial death, criminal proceedings may be initiated.

The policy reinforces existing safeguards and standard operating procedures established by the Supreme Court and Bombay high court, which include 24/7 CCTV recording at police stations, medical examinations every 48 hours, and measures to ensure the safety and health of individuals in custody.

The government has indicated that this policy aims to strengthen accountability and protect the right to life and personal liberty under Article 21 of the Constitution, while enhancing existing safeguards governing police custody.