Maharashtra Cabinet Approves Compensation Policy For Unnatural Custodial Deaths
Mumbai: In a significant move to uphold human rights, the state cabinet on Tuesday approved a policy to compensate the families of prison inmates who die in custody under unnatural circumstances, in line with the National Human Rights Commission’s guidelines.
About The New Policy
As per this policy, if an inmate dies due to an accident while working in prison, medical negligence by prison doctors, assault by prison staff, or in fights among inmates, and if the administration is found negligent after an investigation, the inmate’s family will be given compensation of ₹ 5 lakh. In cases of suicide in custody, the inmate’s family will receive ₹ 1 lakh as compensation. This policy will be applicable across all prisons in the state. However, no compensation will be given if the inmate dies due to old age, prolonged illness, while escaping from prison, while out on bail, or due to refusal of treatment.
Action will be taken against officers found responsible in such death cases. In the case of death caused by natural disasters, compensation will be provided according to the government’s existing policy. For compensation claims, the prison superintendent must submit a preliminary report along with postmortem details, panchnama, medical report, and investigation reports from the judiciary and district collector to the regional department head. An inquiry will follow, and the final proposal will be submitted to the Additional Director General of Police and Inspector General of Prisons and Correctional Services, Maharashtra State, Pune. Based on their recommendations, a decision will be made at the government level before compensation is provided.
Since 2010, over 70 inmates have died by suicide in Maharashtra, prompting the National Human Rights Commission (NHRC) to urgently call for reforms. Official data shows that between 2010 and 2022, 129 inmates died unnatural deaths in Maharashtra’s prisons. Of these, 54% - about 70 cases - were recorded as suicides. Alarmingly, nearly 35% of these suicides occurred in the three years between 2020 and 2022, indicating a worsening trend despite repeated warnings and recommendations.
In 2014, concerned by the rising number of suicides in Indian prisons, the NHRC launched a detailed study to examine the root causes behind these deaths. The report, Suicide in Prison: Prevention Strategy and Implications from Human Rights and Legal Points of View, found two key reasons behind the suicides: the prison environment itself, which can increase suicidal thoughts, and personal crises faced by inmates. From the inmate’s point of view, factors like fear of the unknown, lack of trust in the system, no control over the future, isolation from loved ones, stigma, and the dehumanising nature of prison life contribute to suicidal behavior, the report noted.
The NHRC also found that undertrial prisoners are ten times more likely to die by suicide than the general prison population, while convicted inmates face a risk three to six times higher. Subsequently, the NHRC proposed several reforms focused on better mental health care, structural changes, and stronger monitoring of inmates to help prevent suicides.
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