Haryana Government Initiates Policy for Police Custody Abuse Compensation
The Haryana Government has recently informed the Haryana Human Rights Commission (HHRC) that it is actively developing a policy to provide compensation for human rights violations, injuries, and deaths occurring during police custody. This initiative marks a significant step toward addressing gaps in the state's existing legal framework.
Existing Compensation Policy for Jail Incidents
Haryana already has a compensation policy, notified in 2021, for cases involving torture and deaths of prisoners lodged in jails. This policy was established on the directions of the Human Rights Commission. It specifies compensation amounts: Rs 7.5 lakh for deaths caused by quarrels among prisoners, torture or beating by prison staff, negligence by prison officials, or negligence by medical or paramedical staff. Additionally, Rs 5 lakh is awarded in cases of death by suicide. However, until now, no such policy existed to address incidents of torture or deaths in police custody, highlighting a critical oversight in victim support.
Details of the Draft Policy on Police Custody Compensation
A report submitted before the commission on March 11, on behalf of Chief Secretary Anurag Rastogi, revealed that a draft policy has been prepared by the Home Department and sent to the competent authority for approval under the Rules of Business of the state government. The report stated, "...a draft of the policy has been prepared by the Home Department and submitted before the competent authority as per the Rules of Business of the state government for approval. The competent authority has referred the draft policy to the Ld Advocate General, Haryana, for legal examination and comments, if any, which are still awaited."
It further explained: "That after legal examination and approval of competent authority, the draft of the policy would also require concurrence of the Finance Department since financial implications are involved in the matter and thereafter, the policy shall be finalised by issuing a notification in this behalf." This multi-step approval process underscores the complexity and importance of the policy in ensuring accountability and justice.
Commission's Response and Appreciation
The commission, presided over by Member Deep Bhatia, expressed appreciation for the efforts of the Director General of Police (DGP), Haryana, and the Additional Chief Secretary (ACS), Home Department, in initiating steps to frame the draft policy. Earlier, on January 30, the commission had sought a report from the Chief Secretary regarding the formulation of such a policy, indicating proactive oversight to address human rights concerns.
Case Highlighting the Need for Policy
The issue gained prominence following a case of illegal custody reported in Pinjore, Panchkula. The case involved the unlawful arrest of an 18-year-old, Parvesh Sharma, despite a bail order in his favour. Sharma had been booked under the Arms Act on June 17, 2025, for celebratory firing and was arrested on June 25, 2025. Although he was granted bail, he was re-arrested on July 15, 2025. The following day, a Kalka court declared his arrest illegal. Subsequently, a medical board, constituted by the court, revealed four injuries on Sharma while he was in illegal custody, bringing attention to systemic abuses.
Action Against Police Officials and Commission's Displeasure
The DGP informed the commission on January 7 this year that Inspector Jagdish Chander (now retired) and Sub-Inspector Yadwinder Singh had been found guilty in a departmental inquiry. Following the inquiry, Inspector Jagdish Chander was penalised with a two per cent reduction in his monthly pension for 12 months, while SI Yadwinder Singh was punished with stoppage of one annual increment with permanent effect. However, the commission expressed displeasure over what it termed a minor punishment imposed on Jagdish Chander, questioning the adequacy of disciplinary measures.
Subsequent Steps by Haryana Police
In response to the commission's displeasure, the Haryana Police informed the commission that a "disagreement-cum-show-cause notice" has now been issued to Jagdish Chander. In its order dated March 12, the commission directed the DGP to re-examine the penalty imposed on Chander, emphasizing the need for stricter accountability in cases of human rights violations.
Commission's Stance on Compensation Denial
In the case, when compensation was initially denied to the victim of illegal custody, the Haryana Human Rights Commission expressed strong displeasure at the reply filed by the Additional Chief Secretary (Home). In its order dated January 9, the commission observed: "It is unacceptable that state authorities seek to compel a victim of custodial abuse to undergo prolonged litigation for compensation, when the violations stand squarely established on record." This statement highlights the urgency for a formal policy to streamline compensation and avoid unnecessary legal hurdles for victims.
