Lok Sabha Question No. 3771 (UNSTARRED), answered on 2019-07-16
Subject: Custodial Deaths
Ministry: HOME AFFAIRS
Asked by: Khagen Murmu, Raja Amareshwara Naik, Sukanta Majumdar, Vinod Kumar Sonkar, Anto  Antony, K. Subbarayan

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 3771

TO BE ANSWERED ON THE 16 th  JULY, 2019/ ASHADHA 25, 1941 (SAKA) CUSTODIAL DEATHS

3771.

SHRI KHAGEN MURMU:

SHRI RAJA AMARESHWARA NAIK:

DR. SUKANTA MAJUMDAR:

SHRI VINOD KUMAR SONKAR:

SHRI ANTO ANTONY:

SHRI SUBBARAYAN K.:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether there has been an increase in the incidents of custodial deaths in the country;
- (b) if so, the details thereof including the total number of such cases reported and persons convicted along with the action taken against the policemen responsible for the said incidents during the last three years, State-wise;
- (c)  whether  the  National  Human  Rights  Commission  (NHRC)  and  various  State Human Rights Commissions (SHRCs) have received representations/complaints in this regard;
- (d) if so, the details and status thereof during the said period, State-wise;
- (e)  whether  the  Government  is  considering  the  recommendations  of  the  273rd 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;
- (f) whether the Union Government has issued directives to the State Governments and Police Departments in this regard and if so, the details thereof; and
- (g) the steps taken by the Government to curb the menace of custodial deaths in the country?

## ANSWER

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

## LS.US.Q.NO.3771 FOR 16.07.2019

(a)  to  (d)  :        As  per  information  received  from  National  Human  Rights Commission, details of cases registered in respect of custodial deaths are given at Annexure. NHRC has recommended disciplinary action against 20 erring public servants  during  the  last  three  years.  No  record  of  the  cases  of  conviction  is maintained by the Commission.

(e) & (f) :  The 273 rd  Report of the Law Commission along with the draft Bill was circulated  to  the  State  Governments/  UTs  for  their  views.  This  Ministry  has submitted  a  status  report  along  with  comments  received  from  the  State Governments to the Supreme Court in a related court case.

(g) :     NHRC carried out visits of various prisons from time to time for monitoring the  conditions  of  undertrials  and  prisoners.  NHRC  has  also  made  efforts  to sensitize officials through workshops, seminars and camps.

## Annexure

Statement in respect of part (a) to (d) of Lok Sabha Unstarred Question No. 3771 for 16.07.2019 showing total number of  cases registered in respect of Custodial Deaths (Police & Judicial) during the last three years.

| No. of deaths registered   | No. of deaths registered   | No. of deaths registered   |
|----------------------------|----------------------------|----------------------------|
| Year                       | Police Custody             | Judicial Custody           |
| 2016-17                    | 145                        | 1616                       |
| 2017-18                    | 146                        | 1636                       |
| 2018-19                    | 136                        | 1797                       |