The Delhi government has approved a compensation of Rs 7.5 lakh to the next of kin of inmates who die due to unnatural reasons in the city jails, an official statement said on Friday.
The Arvind Kejriwal government has submitted a proposal in this regard to Lieutenant Governor V K Saxena for his nod.
Unnatural custodial death could be caused due to quarrels among inmates, alleged beatings by prison staff, 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, the government communique said, adding that the same will also not apply to deaths due to illness.
Speaking on the issue, 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.”
He further said that, “under Chief Minister Arvind Kejriwal’s leadership, the Delhi government is confident that this measure will act as a deterrent against misconduct and negligence in our jails.”
The minister has said that once approved, the policy will take effect from the date of notification.
In this regard, superintendent of the jail concerned will be required to submit a detailed report, including a copy of the magisterial enquiry 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 of the prisons will review the report and decide on releasing the compensation as per rules.
According to the proposal, the committee’s meeting must be held once a quarter or as needed to consider cases of custodial death.
Whenever a compensation will be given to the next of kin of the deceased, the DG will have to inform the NHRC.
The policy also has a provision for 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 official found wrong.