Delhi Government Approves Compensation Policy for Unnatural Custodial Deaths
The Kejriwal government has approved a compensation of Rs 7.5 lakh to be paid to the next of kin or legal heirs of prisoners who die due to unnatural reasons while confined in the jails of Delhi. The Delhi Government has submitted a proposal in this regard to the Lieutenant Governor for his nod.
Unnatural custodial death could be caused due to quarrels among inmates, beatings by prison staff, torture, negligence by prison officers, or negligence by medical or paramedical officers. However, compensation will not be admissible in cases of unnatural death due to suicide, escape attempts from jail or lawful custody outside the jail, or in cases of natural death, disaster, or calamity. It will also not apply to deaths due to illness.
Commenting on this, Delhi Home Minister Kailash Gahlot, stated, “This initiative underscores our commitment to ensuring justice and accountability in the prison system. Providing compensation to the families of prisoners who suffer unnatural deaths in custody is a step towards addressing their grievances and upholding human rights. Under the leadership of Chief Minister Shri Arvind Kejriwal, the Delhi government is confident that this measure will act as a deterrent against misconduct and negligence in our jails.” Once approved, the policy will take effect from the date of notification, he added.
The superintendent of the jail concerned will be required to submit a detailed report, including a copy of the magisterial inquiry report, postmortem report, final cause of death, medical history at the time of admission in jail, and details of any medical treatment provided before the custodial death. This report will be sent to the Director General of Prisons, Delhi, for onward submission to the National Human Rights Commission (NHRC) for information. A committee headed by the Director General Prison and comprising the Additional Inspector General, Delhi Prison; Resident Medical Officer, Delhi Prison; DCA, Delhi Prison and Law Officer, Delhi Prison will review the report and decide on releasing the compensation according to the rules.
The proposal requires the committee to meet once a quarter or as needed to consider cases of custodial death. Once compensation is awarded to the next of kin of the deceased, the Director General of Prisons must inform the NHRC.
The policy also provides for the recovery of the compensation amount from the salaries of the erring prison officials. The committee shall inquire and, if direct involvement or commission by any prison staff is found in the custodial death, the committee may order the recovery of the compensation amount from the salaries of the erring official (s) in the manner as the committee deems fit.
