Maharashtra Government has finalised its policy to award compensation in cases of custodial deaths. In case of death due to negligence or excessive use of force, the compensation amount payable is fixed at Rs 5 lakh.The policy was framed as per the directives issued by Bombay High Court. The HC had underlined a fact that protection of human rights of a suspect in police custody is imperative and duty of Government as per the Constitution. So, timely payment of compensation to next of kin of suspect who suffers permanent disability or unnatural death in custody due excessive use of force on part of police needs to be defined, the Court stated in its ruling in a PIL.

 

The compensation payable is based on criteria to be adopted, an inquest by Magistrate, post mortem report corroborating suspicion of use of third degree methods, independent investigation, witness statements, CCTV footage, and other reasoning would need to be recorded by Director General of Police (DGP), Maharashtra, in his report. The payment of compensation can be done without waiting for conviction in the court. The circular issued by Home Department also laid down detailed criteria as to negligence on part of cops, like not taking a suspect taken into custody for medical examination within stipulated time, neglecting aspect of illness or discomfort and not providing timely medical treatment, overlooking medical advice and neglecting overall health status. The DGP would needs to mention the negligence specifically in the report.

 

Handicapped: In case of permanent disability to suspect while lodged in police custody, the compensation payable would be Rs 2 lakhs in case disability per centage is below 50 per cent. And in case disability per centage is above 50 per cent the compensation would be Rs 4 lakh. For availing the compensation, the victim would need to be examined by Medical Board and they should certify the disability. The State also made it clear that apart from filing First Information Report (FIR) against the accused police officials, the amount of compensation would be recovered from their salaries.