The Maharashtra government has introduced a compensation scheme offering Rs 5 lakh to families of individuals who die in police custody due to police violence or administrative negligence. This announcement was made by the state Home Department on Tuesday, following the approval of the policy by the Maharashtra Cabinet. The initiative aims to provide timely financial support to the legal heirs of victims of custodial deaths.

In addition to compensation for deaths, the policy also addresses cases of permanent physical or mental disability resulting from custodial torture. Individuals suffering from permanent disabilities will be eligible for compensation ranging from Rs 2 lakh to Rs 4 lakh, depending on the severity of the disability. Specifically, Rs 2 lakh will be awarded for disabilities under 50 per cent, while Rs 4 lakh will be granted for disabilities of 50 per cent or more, contingent upon medical certification and verification.

The policy stipulates that if an internal inquiry finds police personnel culpable of assault or negligence, criminal proceedings will be initiated against them. Furthermore, the government intends to reclaim the compensation amounts paid to victims or their families from the salaries, pensions, or properties of the responsible officials, as outlined in the government resolution.

Legal Framework and Evidence Requirements

This compensation policy has been developed in response to directives issued by the Bombay High Court in a 2014 petition. It is designed to ensure that families receive financial assistance promptly and to address cases of permanent disability resulting from custodial torture or the use of unlawful methods by police. The resolution specifies that evidence must be provided to establish the cause of death in cases involving police assault, torture, or coercive methods.

To qualify for compensation, evidence may include findings from a magisterial inquiry, medical and forensic reports, independent investigations, witness testimonies, or CCTV footage. Notably, a criminal conviction is not a prerequisite for compensation to be granted, as stated in the resolution.

For deaths attributed to administrative negligence, the policy outlines specific failures that will be considered, such as the denial of timely medical examinations or treatments, neglecting complaints of illness or injury, failing to adhere to medical advice, and delaying emergency medical assistance. These criteria aim to ensure accountability within the police force.

Processing Claims and Exclusions

The policy establishes a framework for processing compensation claims. District Superintendents of Police or Police Commissioners are required to review and submit compensation proposals within 30 days of the incident or the medical certification of permanent disability. Subsequently, the state government will evaluate these proposals within an additional 30 days, as reported by the Press Trust of India, citing the resolution.

It is important to note that the policy excludes compensation for deaths resulting from natural causes, specific natural disasters where there was no institutional negligence, refusals of medical treatment, and incidents occurring during attempts to escape from custody, among other specified circumstances. This delineation aims to clarify the boundaries of the compensation scheme.

In summary, the Maharashtra government’s new policy provides Rs 5 lakh in compensation for eligible custodial deaths and between Rs 2 lakh and Rs 4 lakh for permanent disabilities. The framework includes clear deadlines for claims processing and provisions for holding officials accountable for negligence, thereby reinforcing the commitment to justice and accountability in custodial matters.

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