Lok Sabha Question No. 292 (UNSTARRED), answered on 2020-09-15
Subject: Custodial Deaths
Ministry: HOME AFFAIRS
Asked by: Karti P. Chidambaram

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 292

TO BE ANSWERED ON THE 15 TH  SEPTEMBER, 2020/BHADRAPADA 24, 1942 (SAKA) CUSTODIAL DEATHS

292.  SHRI KARTI P. CHIDAMBARAM:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the number of custodial deaths each month during the last year, State-wise;

(b) the number of deaths in police encounters during the said period, State-wise;

(c) the number of instances of rape in police custody during the said period, Statewise;

(d) the nature and status of action taken against perpetrating police officials; and

(e) the details of any special redressal measures taken by the Government given this problem?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a)    :    As  per  information  available  with  National  Human  Rights  Commission (NHRC),  State / UT-  wise  and  month-wise data  in  respect  of    custodial  deaths (Judicial & Police)  during the period from 01.04.2019 to 31.03.2020 is at Annexure 'A -1 ' & 'A-2 respectively.

- (b)  :    As  per  information  available  with  NHRC,  State/UT  wise  data  in  respect  of deaths  in  encounter  during  the  period  from  01.04.2019  to  31.03.2020  is  at Annexure 'B'.

(c) :     As informed by NHRC, one case of rape in police custody in the State of Rajasthan has been registered in the Commission during the year 2019-20.

(d) :  As per 7 th  Schedule of the Constitution of India, 'Police' and 'Public Order' are State   subjects  and   the  responsibility  of maintaining  law  and order,  including

investigation, registration and prosecution of crimes, conviction of the accused, protection  of  life  and  property,  etc,  rest  primarily  with  the  respective  State Governments. Hence, any action against erring police officials has to be taken by the respective State Governments.

As reported by NHRC, it did not make any recommendation for action against the erring  police  personnel.  It  has,  however,  recommended    monetary  relief  to  the tune of Rs. 4.44 crore in cases of custodial deaths and Rs. 88 lakh in cases of encounter deaths.

(e)   Ministry of Home Affairs has issued an advisory on 13.07.2020 to all the State Governments/ UT Administrations requesting them to sensitize and direct all the functionaries at State, district and below level to follow and adhere to law of the land  and  the  guidelines  issued  by  NHRC  on  custodial  deaths,  and  to  act  firmly against any abuse of law in respect of Custodial Deaths.

Moreover, Members, Special Rapporteurs and senior officers from NHRC carry out periodical  visits  to  various  jails  to   evaluate  the  living  conditions   and  make recommendations  for  better  protection  of  human  rights.  During  various  Camp Sittings,  Open  Hearings,  Workshops  and  Seminars,  NHRC  makes  efforts  to sensitize public servants in this regard.

Statement in respect of part (a) of Lok Sabha Unstarred Question No. 292 for 15.09.2020 showing statewise total no. of cases registered in respect of custodial deaths (Police & Judicial) during the  period from 01.04.2019 to 31.03.2020.

|                    | No. of Cases   | No. of Cases     |
|--------------------|----------------|------------------|
| States/UTs         | Police Custody | Judicial Custody |
| ANDHRA PRADESH     | 4              | 26               |
| ARUNACHAL PRADESH  | 0              | 2                |
| ASSAM              | 2              | 32               |
| BIHAR              | 5              | 105              |
| GOA                | 0              | 2                |
| GUJARAT            | 12             | 53               |
| HARYANA            | 3              | 74               |
| HIMACHAL PRADESH   | 4              | 7                |
| JAMMU& KASHMIR     | 0              | 5                |
| KARNATAKA          | 4              | 4                |
| KERALA             | 2              | 27               |
| MADHYA PRADESH     | 14             | 143              |
| MAHARASHTRA        | 3              | 91               |
| MANIPUR            | 2              | 1                |
| MEGHALAYA          | 1              | 4                |
| MIZORAM            | 1              | 0                |
| NAGALAND           | 0              | 5                |
| ODISHA             | 6              | 59               |
| PUNJAB             | 6              | 93               |
| RAJASTHAN          | 5              | 79               |
| SIKKIM             | 0              | 0                |
| TAMILNADU          | 12             | 57               |
| TRIPURA            | 1              | 6                |
| UTTAR PRADESH      | 3              | 400              |
| WEST BENGAL        | 7              | 115              |
| ANDAMAN &NICOBAR   | 1              | 0                |
| CHANDIGARH         | 0              | 2                |
| DADRA &NAGARHAVELI | 0              | 0                |
| DAMAN &DIU         | 0              | 0                |
| DELHI              | 9              | 47               |
| LAKSHADWEEP        | 0              | 0                |
| PUDUCHERRY         | 0              | 1                |
| CHHATTISGARH       | 3              | 56               |
| JHARKHAND          | 2              | 43               |
| UTTARAKHAND        | 1              | 24               |
| TELANGANA          | 0              | 21               |
| TOTAL              | 113            | 1584             |

Statement in respect of part (a) of Lok Sabha Unstarred Question No. 292 for 15.09.2020 showing monthwise total no. of cases registered in respect of custodial deaths (Police & Judicial) during the  period from 01.04.2019 to 31.03.2020

| Month          |   No. of Cases in police custody |   No. of Cases in judicial custody |
|----------------|----------------------------------|------------------------------------|
| April 2019     |                               11 |                                135 |
| May 2019       |                                9 |                                160 |
| June 2019      |                               10 |                                133 |
| July 2019      |                               14 |                                140 |
| August 2019    |                                9 |                                114 |
| September 2019 |                               12 |                                101 |
| October 2019   |                                6 |                                134 |
| November 2019  |                               10 |                                136 |
| December 2019  |                                4 |                                130 |
| January 2020   |                               11 |                                180 |
| February 2020  |                                5 |                                122 |
| March 2020     |                               12 |                                 99 |
| Total          |                              113 |                               1584 |

Statement in respect of part (b) of Lok Sabha Unstarred Question No. 292 for 15.09.2020 showing statewise  total  no.  of  cases  registered  in  respect  of  encounter  deaths  during  the    period  from  01.04.2019  to 31.03.2020.

| STATE                |   No. of Cases |
|----------------------|----------------|
| ANDHRA PRADESH       |              1 |
| ARUNACHAL PRADESH    |              1 |
| ASSAM                |              4 |
| BIHAR                |              5 |
| GOA                  |              0 |
| GUJARAT              |              0 |
| HARYANA              |              1 |
| HIMACHAL PRADESH     |              0 |
| JAMMU & KASHMIR      |              2 |
| KARNATAKA            |              2 |
| KERALA               |              2 |
| MADHYA PRADESH       |              3 |
| MAHARASHTRA          |              3 |
| MANIPUR              |              0 |
| MEGHALAYA            |              0 |
| MIZORAM              |              0 |
| NAGALAND             |              0 |
| ODISHA               |              3 |
| PUNJAB               |              1 |
| RAJASTHAN            |              2 |
| SIKKIM               |              0 |
| TAMIL NADU           |              3 |
| TRIPURA              |              0 |
| UTTAR PRADESH        |             26 |
| WEST BENGAL          |              1 |
| ANDAMAN & NICOBAR    |              1 |
| CHANDIGARH           |              0 |
| DADRA & NAGAR HAVELI |              0 |
| DAMAN & DIU          |              0 |
| DELHI                |              2 |
| LAKSHADWEEP          |              0 |
| PUDUCHERRY           |              0 |
| CHHATTISGARH         |             39 |
| JHARKHAND            |              6 |
| UTTARAKHAND          |              0 |
| TELANGANA            |              4 |
| ALL OVER INDIA       |              0 |
| FOREIGN COUNTRIES    |              0 |
| TOTAL                |            112 |