Maharashtra Cabinet Approves Custodial Death Compensation Policy

Maha Cabinet approves custodial death compensation policy

Mumbai, Oct 6

Under the new policy, compensation of Rs 5 lakh will be paid to the immediate legal heirs if an investigation concludes that a custodial death was caused by assault, torture or coercion by police officers or staff.

The policy also provides financial assistance in cases of physical or mental torture resulting in permanent disability.

Accordingly, Rs 2 lakh will be granted for permanent disability below 50 per cent, while Rs 4 lakh will be provided for permanent disability of 50 per cent or more.

The policy specifies certain exceptions where compensation will not be paid.

These include natural deaths resulting from old age or pre-existing terminal illnesses before custody, deaths caused by sudden natural disasters, cases in which an individual refused medical treatment or undertook a hunger strike for unreasonable demands, and accidental deaths occurring during attempts to escape from police custody.

The policy lays down administrative procedures relating to medical examinations, disability verification, documentation and submission of compensation claims.

Superintendents of Police (SPs) and Commissioners of Police (CPs) concerned will be required to take cognisance of such incidents and submit formal proposals within 30 days.

The government stated that if officers or staff are found guilty of negligence or misconduct in custodial death cases, criminal proceedings will be initiated against them.

The policy also authorises the administration to recover compensation amounts directly from the salary, pension or property of erring personnel, according to an official release.

Meanwhile, in a move aimed at boosting the morale of the police force, the Cabinet also approved the institution of the 'Chief Minister's Gallantry Medal'.

The award will honour police officers and personnel who display exceptional courage and risk their lives in the line of duty.

The Cabinet approved the selection procedure, committee structure and budgetary provisions for the scheme.

Each awardee will receive a medal, a certificate of honour (Prashastipatra) and a cash prize of Rs 50,000.

The awards will be announced annually on the eve of Maharashtra Day on April 30.

There will be no fixed quota for the number of medals awarded each year.

The number of awards will depend on recommendations and field reports received from across the state.

The gallantry award may also be conferred posthumously on police personnel who make the supreme sacrifice in the line of duty.

The government noted that Maharashtra Police deal with a wide spectrum of security challenges, including anti-Maoist operations in districts such as Gadchiroli and Gondia, terrorism, communal violence, organised crime, smuggling and external security threats.

While the Union Ministry of Home Affairs confers honours such as the President's Gallantry Medal, the Ashok Chakra and the Kirti Chakra, several states, including Telangana, Tamil Nadu, West Bengal, Kerala, Meghalaya and Manipur, already have state-level police awards.

According to the government release, Maharashtra's award has been instituted on similar lines to recognise dedication and bravery among police personnel.

The Cabinet decision provides for a two-tier selection process.

In the first stage, proposals from districts will be submitted by SPs through their respective Regional Special Inspectors General of Police (IGPs). At the same time, Police Commissioners will send proposals directly to the Director General of Police (DGP).

The DGP will chair the preliminary selection committee.

In the second stage, shortlisted proposals will be reviewed by a high-level committee chaired by the Additional Chief Secretary (Home Department), before final approval by the Home Minister and the Chief Minister.

— IANS