Lok Sabha Question No. 5866 (UNSTARRED), answered on 2018-04-03
Subject: Custodial Deaths
Ministry: HOME AFFAIRS
Asked by: LAXMAN GILUWA, B. SREERAMULU, ANJU BALA, Tejpratap Singh,Yadav, MANSUKHBHAI DHANJIBHAI VASAVA

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 5866

TO BE ANSWERED ON THE 3 RD  APRIL, 2018/

CUSTODIAL DEATHS

5866.

SHRI LAXMAN GILUWA:

SHRI B. SRIRAMULU:

SHRIMATI ANJU BALA:

SHRI TEJ PRATAP SINGH YADAV:

SHRI MANSUKHBHAI DHANJIBHAI VASAVA:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether there has been an increase in the incidents of illegal custody and custodial deaths in the country;
- (b) if so, the details thereof and the total number of such cases reported during each of the last three years and the current year, State-wise;
- (c)  whether  the  National  and  State  Human  Rights  Commissions  have  received representations/complaints in this regard;
- (d) if so, the details thereof during the said period, State-wise;
- (e) whether the Government is considering the recommendations of 273 rd  Report of the Law Commission that India ratify the United Nations Convention against torture and pass a law to prevent torture and if so, the details thereof; and
- (f) whether the Government has issued directives to the State Governments/Police Department in this regard and if so, the details thereof along with the reaction of the States in this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

- (a) to  (d)  :-  Based  on  the  information  received  from  National  Human  Rights

Commission  (NHRC),  the  details  of  reported  incidents  of  Illegal  Custody  and

Custodial Deaths are as under:-

CHAITRA 13, 1940 (SAKA)

| Item                                |   2014-15 (From 01/04/2014 to 31/03/2015 |   2015-16 (From 01/04/2015 to 31/03/2016 |   2016-17 (From 01/04/2016 to 31/03/2017 |   2017-18(From 01/04/2017 to 28/02/2018 |
|-------------------------------------|------------------------------------------|------------------------------------------|------------------------------------------|-----------------------------------------|
| Un-lawful Custody (Police)          |                                      964 |                                     1194 |                                      852 |                                     913 |
| Custodial Deaths (Police)           |                                      130 |                                      151 |                                      145 |                                     144 |
| Alleged Custodial Death (Police)    |                                      108 |                                      153 |                                       32 |                                      35 |
| Custodial Deaths (Judicial)         |                                     1588 |                                     1668 |                                     1616 |                                    1530 |
| Alleged Custodial Deaths (Judicial) |                                      213 |                                      146 |                                       15 |                                      17 |

It  can  be  seen from the above table that the unlawful detention  and custodial deaths in the country are showing mixed trend.

- (e)    'The  Law  Commission  on  30.10.2017  submitted  its  273 rd   Report  on 'Implementation of United Nations Convention against Torture and other Cruel, Inhuman  and  Degrading  Treatment  or  Punishment'  along  with  a  draft  'The Prevention of Torture Bill, 2017'.  As Criminal Laws are in the Concurrent List, this Report along with the draft Bill has been  circulated to the State Governments/UTs for their views'.
- (f) Pursuant to the guidelines issued by the NHRC every death in custody, police or judicial, natural or otherwise, is to be reported to the Commission within 24 hours  of  its  occurrence.    In  all  such  case,  the  Commission  calls  for  various reports including the inquest, post-mortem, video-graphy of post-mortem, magisterial inquiry report for ascertaining foul play or negligence, if any which resulted in the death.  During various workshops, seminars and camp sittings, the  Commission  sensitizes  senior  officers  in  State  Governments  for  better protection of Human Rights.

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