Maharashtra has notified a compensation policy for deaths and permanent disabilities in police custody, providing up to Rs5 lakh to legal heirs and requiring district police authorities to forward eligible cases within 30 days.
The Home Department issued the notification on Tuesday after the state cabinet approved the framework earlier this month. The policy follows directions from the Bombay High Court in a writ petition filed in 2014 and applies to incidents occurring after the resolution was issued.
Under the policy, legal heirs will be eligible for Rs5 lakh when a custodial death is established as resulting from police assault, torture, coercion or administrative negligence. A criminal conviction will not be required before compensation can be considered in cases where police violence caused the death.
The framework also provides compensation for permanent disability caused by physical or mental torture, or by prohibited methods used in custody. The amount will be Rs2 lakh for disability below 50% and Rs4 lakh for disability of 50% or more.
An authorised medical board must certify the extent and permanence of the disability and establish its link to the custodial incident. The disability certificate and the beneficiary’s Unique Disability ID details will also be verified as part of the process.
Following a custodial death, or after a medical board certifies permanent disability caused by custodial beating, the district superintendent of police or police commissioner concerned must scrutinise the case and submit a complete proposal within 30 days to the Additional Director General of Police for Civil Rights Protection.
The ADG will review the proposal before forwarding it through the Director General of Police to the state government. The government will then have another 30 days to complete verification, according to the government resolution. The timelines establish a defined administrative route from the district police leadership to the state government rather than leaving compensation claims without a notified procedure.
Once compensation is sanctioned, the amount will be routed to the superintendent of police or police commissioner in the beneficiaries’ district. The district authority will transfer the money to the beneficiaries’ verified bank accounts.
The policy also provides for financial recovery from police personnel found responsible. If an internal inquiry establishes their responsibility, criminal cases will be registered and the compensation amount may be recovered from their salary, pension or property.
The notification places district police chiefs at the centre of the initial scrutiny process while assigning verification and sanctioning responsibilities to the state government. It also separates compensation consideration from the requirement of a prior criminal conviction, allowing the administrative process to proceed where the notified conditions are established.
The policy will apply only to incidents occurring after the resolution was issued. The government resolution did not specify in the reported details how cases from earlier periods would be handled under the new framework.
