Haryana Human Rights Commission Mandates Uniform Custody Compensation Framework
The Haryana Human Rights Commission has issued a significant directive to the state government and the state police, compelling them to develop and implement a comprehensive compensation policy specifically for deaths, torture, and other violations occurring in police custody. This new policy must be modeled on the lines of the state's existing compensation mechanism for deaths in judicial custody, ensuring a uniform standard of accountability and financial redress across all custody-related incidents.
Commission Member Emphasizes Need for Consistency
Commission member Deep Bhatia underscored the critical necessity for this framework, stating that it must closely mirror the existing compensation mechanism to guarantee uniform accountability and compensation across all custody-related cases. Bhatia was presiding over a hearing concerning alleged custodial violations, where the complainant highlighted the profound uncertainty faced by families of victims of police custody violence due to the current absence of a structured compensation regime.
Background: India's First Judicial Custody Compensation Policy
In a landmark move in 2021, Haryana implemented India's first-ever compensation policy for unnatural deaths in judicial custody. This pioneering policy provides Rs 7.5 lakh in cases involving assault, torture, or negligence by prison officials, and Rs 5 lakh for deaths resulting from medical negligence. The National Human Rights Commission subsequently endorsed this policy, recognizing its importance in upholding human rights standards.
Commission's Observations and Directives
The commission made a pivotal observation during the proceedings, asserting that the state cannot ethically or legally maintain two separate standards—one for judicial custody and another for police custody. Such a disparity undermines the principle of equal protection under the law. Consequently, the commission has directed the government to finalize a dedicated police custody compensation policy in consultation with all relevant departments. This initiative is framed as a constitutional mandate to ensure timely compensation for victims and their families.
The proposed policy must clearly delineate several key components to be effective and transparent:
- Violation Categories: Specific definitions of what constitutes a compensable offense in police custody.
- Assessment Procedures: Standardized methods for investigating and verifying claims of custodial violations.
- Compensation Amounts: Defined financial sums for different types of violations, ensuring adequacy and fairness.
- Disbursement Timelines: Strict deadlines for the processing and payment of compensation to eligible claimants.
This directive aims to close a significant legal and humanitarian gap, providing much-needed clarity and support for individuals affected by police custody incidents. By aligning police custody compensation with the established judicial custody framework, the Haryana Human Rights Commission seeks to foster greater accountability within law enforcement and reinforce the state's commitment to protecting fundamental human rights.
