Lok Sabha Question No. 1459 (UNSTARRED), answered on 2022-07-26
Subject: Custodial Deaths and Fake Encounters
Ministry: HOME AFFAIRS
Asked by: M. P. Abdussamad Samadani

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1459

TO BE ANSWERED ON THE 26 TH  JULY, 2022/SRAVANA 4, 1944 (SAKA) CUSTODIAL DEATHS AND FAKE ENCOUNTERS

1459.  DR. M.P. ABDUSSAMAD SAMADANI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the custodial death cases are on the rise in the country;

(b) if so, the number of such cases reported during the last two years, Statewise;

(c) the number of encounter death cases reported in the country during the said period, State-wise;

(d) whether the Government has set up any mechanism to investigate such complaints; and

(e)  if  so,  the  details  thereof  including the actions taken by the Government against the fake encounter and custodial details?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a)  to  (c):    As  per  the  information  provided  by  the  National  Human  Rights Commission  (NHRC),  statements  showing  the  year-wise  and  State-wise number of cases registered about custodial death and encounter death from 01.04.2020 to 31.03.2022 are at Annexure-I and Annexure-II respectively.

(d) to (e):  'Police' and 'Public Order' are State subjects as per the Seventh Schedule to the Constitution of India. It is primarily the responsibility of the State Government  concerned to  ensure  protection  of  human  rights  of the

citizens.  However,  the  Central  Government  issues  advisories  from  time  to time and has also enacted the Protection of Human Rights Act (PHR), 1993, which  stipulates  establishment  of  the  NHRC  and  State  Human  Rights Commissions  to  look  into  the  alleged  human  rights  violations  by  public servants. When complaints of alleged human rights violations are received by the NHRC, action is taken by the Commission as per the provisions laid down under  the  Protection  of  Human  Rights  Act,  1993.  Workshops/  seminars  are also organized by the NHRC from time to time to sensitize public servants for better  understanding  of  human  rights  and,  in  particular,  the  protection  of rights of persons in custody.

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## Information in respect of part (a) to (c) of Lok Sabha Unstarred Question No. 1459 for 26.07.2022 Statement Showing State-wise No. of Cases Registered in respect of Custodial Deaths from 01.04.2020 to 31.03.2022

| S No.   | State/UT Name       |   2020-2021 |   2021-2022 |
|---------|---------------------|-------------|-------------|
| 1       | ANDHRA PRADESH      |          50 |          48 |
| 2       | ARUNACHAL PRADESH   |           3 |           2 |
| 3       | ASSAM               |          19 |          22 |
| 4       | BIHAR               |         159 |         237 |
| 5       | CHHATTISGARH        |          67 |          93 |
| 6       | GOA                 |           1 |           6 |
| 7       | GUJARAT             |          99 |         126 |
| 8       | HARYANA             |          49 |         109 |
| 9       | HIMACHAL PRADESH    |           8 |           7 |
| 10      | JHARKHAND           |          54 |          81 |
| 11      | KARNATAKA           |           8 |          10 |
| 12      | KERALA              |          35 |          48 |
| 13      | MADHYA PRADESH      |         163 |         201 |
| 14      | MAHARASHTRA         |         143 |         197 |
| 15      | MANIPUR             |           1 |           1 |
| 16      | MEGHALAYA           |           7 |          13 |
| 17      | MIZORAM             |           3 |           8 |
| 18      | NAGALAND            |           2 |           9 |
| 19      | ODISHA              |          93 |          67 |
| 20      | PUNJAB              |          72 |         153 |
| 21      | RAJASTHAN           |          74 |          94 |
| 22      | SIKKIM              |           4 |           2 |
| 23      | TAMIL NADU          |          63 |         109 |
| 24      | TELANGANA           |          23 |          25 |
| 25      | TRIPURA             |           1 |           6 |
| 26      | UTTAR PRADESH       |         451 |         501 |
| 27      | UTTARAKHAND         |          47 |          27 |
| 28      | WEST BENGAL         |         185 |         257 |
| 29      | ANDAMAN & NICOBAR   |           0 |           1 |
| 30      | CHANDIGARH          |           2 |           1 |
| 31      | DADRA& NAGAR HAVELI |           0 |           0 |
| 32      | DAMAN & DIU         |           0 |           0 |
| 33      | DELHI               |          45 |          65 |
| 34      | JAMMU& KASHMIR      |           9 |          17 |
| 35      | LADAKH              |           0 |           0 |
| 36      | LAKSHADWEEP         |           0 |           0 |
| 37      | PUDUCHERRY          |           0 |           1 |
| TOTAL   | TOTAL               |        1940 |        2544 |

## Information in respect of part (a) to (c) of Lok Sabha Unstarred Question No. 1459 for 26.07.2022 Statement Showing State-wise No. of Cases Registered in respect of Death in Police Encounter from 01.04.2020 to 31.03.2022

| S No.   | State/UT Name       |   2020-2021 |   2021-2022 |
|---------|---------------------|-------------|-------------|
| 1       | ANDHRA PRADESH      |           1 |           3 |
| 2       | ARUNACHAL PRADESH   |           1 |           0 |
| 3       | ASSAM               |           4 |          18 |
| 4       | BIHAR               |           3 |           4 |
| 5       | CHHATTISGARH        |          24 |          30 |
| 6       | GOA                 |           0 |           0 |
| 7       | GUJARAT             |           0 |           0 |
| 8       | HARYANA             |           3 |           1 |
| 9       | HIMACHAL PRADESH    |           0 |           0 |
| 10      | JHARKHAND           |           5 |           9 |
| 11      | KARNATAKA           |           0 |           0 |
| 12      | KERALA              |           0 |           0 |
| 13      | MADHYA PRADESH      |           6 |           2 |
| 14      | MAHARASHTRA         |           1 |           1 |
| 15      | MANIPUR             |           0 |           1 |
| 16      | MEGHALAYA           |           0 |           2 |
| 17      | MIZORAM             |           0 |           0 |
| 18      | NAGALAND            |           1 |           0 |
| 19      | ODISHA              |           3 |           8 |
| 20      | PUNJAB              |           1 |           2 |
| 21      | RAJASTHAN           |           0 |           3 |
| 22      | SIKKIM              |           0 |           0 |
| 23      | TAMIL NADU          |           3 |           4 |
| 24      | TELANGANA           |           5 |           2 |
| 25      | TRIPURA             |           0 |           0 |
| 26      | UTTAR PRADESH       |          16 |          11 |
| 27      | UTTARAKHAND         |           0 |           0 |
| 28      | WEST BENGAL         |           0 |           2 |
| 29      | ANDAMAN & NICOBAR   |           0 |           0 |
| 30      | CHANDIGARH          |           0 |           0 |
| 31      | DADRA& NAGAR HAVELI |           0 |           0 |
| 32      | DAMAN & DIU         |           0 |           0 |
| 33      | DELHI               |           0 |           3 |
| 34      | JAMMU& KASHMIR      |           5 |          45 |
| 35      | LADAKH              |           0 |           0 |
| 36      | LAKSHADWEEP         |           0 |           0 |
| 37      | PUDUCHERRY          |           0 |           0 |
| TOTAL   | TOTAL               |          82 |         151 |