Tamil Nadu enhances compensation for deaths caused by custodial torture, firing, rape

CHENNAI: The Tamil Nadu government has enhanced compensation for deaths due to custodial torture, firing and rape and permanent incapacitation by police to Rs 7.5 lakh from Rs 5 lakh.
The compensation has also been increased to Rs 3 lakh from the existing Rs 1 lakh for custodial deaths, where torture could not be established like negligence in giving treatment. Similar compensation will also be extended when a person dies by suicide due to instigation or ill treatment by police, where there is partial incapacitation, such as loss of an eye or a limb, and when torture is proved by inquiries by a judicial magistrate or a revenue divisional officer, according to an order issued by the public department.
In its policy on payment of compensation to the victims, the government said that custodial violence and torture represent the worst forms of excesses by public servants entrusted with the duty of law enforcement. “Crimes like rape, molestation, torture, fake encounter in police custody are viewed as serious violations of the human rights. It is, therefore, deeply committed to ensure that such violations are stopped, and human dignity is respected in all cases,” the order said.
The National Human Rights Commission and the State Human Rights Commission have observed that the responsibility of protecting the life of a remand prisoner who is under the judicial custody is the responsibility of the state. The indefeasible right to life of every citizen, including convict prisoner or undertrial prisoner cannot be taken away except in accordance with the procedure established by law, while the citizen is in the custody of the state. Violation of that right renders the state vicariously liable for its acts of commission and omission.
The NHRC, the SHRC and high courts have been recommending/ordering financial relief ranging between Rs 2 lakh and Rs 5 lakh to the family of the victims. In May last, chief minister M K Stalin, while replying to a demand of the home department on the floor of assembly, assured safety of all inmates of jails. He said no custodial death would happen in the state. He said adequate instructions were given to the police to prevent custodial deaths.
“Based on the instructions of the chief minister, the DGP/head of police force conducted a meeting with the police officials on May 21 and instructed a slew of measures to thwart custodial deaths at police stations and in prisons,” the order said.