For Prelims: Custodial Death, Article 21 of the Constitution of India, Ex-gratia Payment, Proposed Compensation, Nodal Department, Trigger Event, Related Court Directives
For Mains: Right to life (Article 21), State's custodial responsibility, Human rights, Compensation policy, Ex-gratia relief
Source:
Dainik Bhaskar
5 facts for one-day exams
SSC, railway, police and teaching exams ask direct questions like these.
- Rajasthan government is drafting a compensation policy for custodial deaths.
- The proposed compensation amount is up to ₹5 lakh.
- The Home Department of Rajasthan is responsible for drafting the policy.
- The policy is being made following directives from the Supreme Court and Rajasthan High Court.
- In a 2025 Jodhpur jail death case, the Rajasthan High Court awarded ₹25 lakh compensation.
Why in the news?
The Rajasthan government is drafting a policy to compensate families of persons who die in police or judicial custody (custodial death). The proposed compensation is up to ₹5 lakh. The Home Department is finalising the draft, which will then be vetted by the Law and Finance Departments before Cabinet approval.
Summary
- Rajasthan government is preparing a policy to provide compensation of up to ₹5 lakh for custodial deaths (unnatural deaths in police/judicial custody).
- The Home Department has been tasked with drafting the policy; it will be reviewed by the Law and Finance Departments before Cabinet approval.
- The policy follows repeated directives from the Supreme Court and Rajasthan High Court to state governments to formulate a clear compensation framework for custodial deaths.
Background
Custodial deaths (deaths in police or judicial custody) are a serious human rights issue in India. The National Human Rights Commission (NHRC) and courts have repeatedly observed that the state is responsible for the safety of persons in its custody. Despite this, many states lack a clear, uniform policy for compensating the families of victims, leading to inconsistent and often delayed relief.
Key Analysis and Impact
Rajasthan's proposed policy, with a cap of ₹5 lakh, is a significant step toward standardising compensation. However, the amount is relatively low compared to court-awarded compensations (e.g., ₹25 lakh in the Jodhpur case). The policy will need to define 'custodial death' clearly, including deaths in police stations, jails, and during transit. It also raises questions about whether the state will accept liability or only provide ex-gratia relief.
Way Forward
The draft will be finalised by the Home Department in 15 days, then reviewed by the Law and Finance Departments before Cabinet approval. Once notified, it will serve as a model for other states. The policy's effectiveness will depend on its implementation, including a speedy claims process and provisions for interim relief.
Rajasthan connection
Matters for these Rajasthan exams:RPSC RAS 8/10RSSB 7/10
Background GK
Textbook concepts you need to understand this news
- Custodial Death
- Death of a person while in the custody of police, prison/jail authorities, or while detained or under the control of state authorities (including during transit in custody).
- Article 21 of the Constitution of India
- Guarantees the right to life and personal liberty. The state cannot deprive any person of their life except according to the procedure established by law. Custodial death is a direct violation of this right.
- Ex-gratia Payment
- A payment made from a sense of moral obligation rather than legal liability. In the context of custodial deaths, it is often the compensation given to the family of the deceased by the state.
Facts to remember
Tap a card to see the answer. Try to recall it first.
How exams will ask this
- Data: Proposed compensation up to ₹5 lakh for custodial deaths in Rajasthan.
- Nodal Body: Home Department, Government of Rajasthan.
- Legal Point: Article 21 of the Constitution of India (right to life).
Don't make this mistake!
The trap will be to confuse 'Custodial Death' with 'Judicial Custody' or 'Police Custody' specifically, or to swap the proposed amount (₹5 lakh) with the court-awarded amount (₹25 lakh) in the Jodhpur case. Also, students may confuse the state government's policy with a central government scheme.
Write these in mains answers
- Right to life (Article 21), State's custodial responsibility, Human rights, Compensation policy, Ex-gratia relief
Stuck? Get it in one tap
The Rajasthan government is creating a new rule to give money to families if someone dies while in police or jail custody. The proposed amount is up to ₹5 lakh. This rule is being made because courts have said the government should have a clear policy for such cases.
- Rajasthan government is drafting a compensation policy for custodial deaths.
- The proposed compensation amount is up to ₹5 lakh.
- The Home Department of Rajasthan is responsible for drafting the policy.
- The policy is being made following directives from the Supreme Court and Rajasthan High Court.
- In a 2025 Jodhpur jail death case, the Rajasthan High Court awarded ₹25 lakh compensation.
- Polity: Fundamental Rights
- Governance: State Government and Administration
Related concepts: Custodial Death, Article 21 of the Constitution of India, Ex-gratia Payment
Practice questions
Pick an answer, then read the explanation.
- Q1Easy
Which department of the Rajasthan government is responsible for drafting the compensation policy for custodial deaths?
Explanation: The Home Department has been given the responsibility to draft the policy. The Law Department will later vet it, and the Finance Department will approve the financial aspects, but the primary drafting is done by the Home Department.
- Q2Hard
Consider the following statements:
- 1.The Rajasthan government is preparing a compensation policy for custodial deaths, with a proposed amount of up to ₹5 lakh.
- 2.The policy is being drafted following a directive from the Supreme Court and Rajasthan High Court.
- 3.In a previous case from Jodhpur Central Jail in 2025, the High Court awarded ₹5 lakh as compensation to the family.
Which of the statements given above is/are correct?
Explanation: Statement 1 is correct: the proposed compensation is up to ₹5 lakh. Statement 2 is correct: the policy follows directives from the Supreme Court and Rajasthan High Court. Statement 3 is incorrect: in the Jodhpur case, the High Court awarded ₹25 lakh, not ₹5 lakh.
- Q3Medium
What is the maximum compensation amount proposed in the Rajasthan government's draft policy for custodial deaths?
Explanation: The proposed compensation is up to ₹5 lakh. ₹25 lakh was the amount awarded by the High Court in a specific Jodhpur jail death case, not the proposed policy amount.
- Q4Medium
What is the primary objective of the Rajasthan government's new compensation policy for custodial deaths?
Explanation: Without a policy, compensation was ad-hoc, leaving many families without any relief. The policy aims to standardise the process and ensure timely compensation. Reducing deaths or punishing officers are separate goals, not the primary objective of a compensation policy.
Frequently asked questions
1. What is the Rajasthan government's new policy on custodial deaths?
The Rajasthan government is drafting a policy to provide compensation of up to ₹5 lakh to the families of persons who die in police or judicial custody.
2. Which department is drafting the custodial death compensation policy in Rajasthan?
The Home Department of the Government of Rajasthan is responsible for drafting the policy.
3. Why is the Rajasthan government making this policy?
The policy is being made following repeated directives from the Supreme Court and Rajasthan High Court to create a uniform and clear compensation framework for custodial deaths.
4. How much compensation was awarded by the Rajasthan High Court in the Jodhpur jail death case?
In the Jodhpur Central Jail death case of Ruparam Seervi, the Rajasthan High Court awarded ₹25 lakh as compensation in August 2026.
All sources
- Original9 November 2026 · Read story
