Lok Sabha Question No. 397 (UNSTARRED), answered on 2021-11-30
Subject: Custodial Deaths
Ministry: HOME AFFAIRS
Asked by: Feroze Varun Gandhi

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 397

TO BE ANSWERED ON THE 30 th  NOVEMBER, 2021/AGRAHAYANA 9,1943 (SAKA)

CUSTODIAL DEATHS

397. SHRI FEROZE VARUN GANDHI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) the total number of cases of death in police custody reported in the country in 2021, State-wise;
- (b)  whether  the  Government  has  any  plan  to  introduce  any  special  laws  or provisions to reduce the incidences of custodial torture and death;
- (c) whether efforts have been made to sensitize the police officers on handling prisoners; and
- (d) if so, the details thereof?

## ANSWER

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

- (a) As  per  information  received  from  National  Human  Rights  Commission (NHRC),  details  of  cases  (States/UT  wise)  registered  in  respect  of  deaths  in police custody during the year 2021 up to 15.11.2021 is given at Annexure.

(b) to (d) As per the 7 th  Schedule of the Constitution of India, Police and Public order  are State  subjects.  It is primarily the responsibility of the  State Government  concerned  to appropriately  prevent  and  ensure  non-occurrence

## LS.US.Q.NO. 397 FOR 30.11.2021

of  police  atrocities  and  protect  the  human  rights  of  the  citizens.    Custodial deaths/violation  involve  the  State  Police  and  jail  authorities  which  also  falls within the jurisdiction of the State Governments.  In view of this, the Central Government does not intervene directly in the matters of custodial deaths.  The Central Government has issued advisories, and the NHRC has issued guidelines and recommendations to be followed by the States/UTs in all cases of custodial deaths.  In addition, workshops/seminars are also organized by NHRC from time to  time  to  sensitize  officers  in  State  Governments  for  better  protection  of human rights and particularly protection of rights of persons in custody.

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Statement  in  respect  of  Lok  Sabha  Unstarred  Question  No.  397  for  30.11.2021  showing  total  no.  of  cases registered in respect of deaths in Police Custody State-wise during the current year up to 15.11.2021.

| Name of State/UT    |   No. of cases Registered |
|---------------------|---------------------------|
| ANDHRA PRADESH      |                         0 |
| ARUNACHAL PRADESH   |                         0 |
| ASSAM               |                         7 |
| BIHAR               |                        18 |
| GOA                 |                         0 |
| GUJARAT             |                        21 |
| HARYANA             |                         4 |
| HIMACHAL PRADESH    |                         0 |
| JAMMU &KASHMIR      |                         2 |
| KARNATAKA           |                         6 |
| KERALA              |                         4 |
| MADHYA PRADESH      |                        11 |
| MAHARASHTRA         |                        26 |
| MANIPUR             |                         1 |
| MEGHALAYA           |                         3 |
| MIZORAM             |                         1 |
| NAGALAND            |                         0 |
| ODISHA              |                         1 |
| PUNJAB              |                         5 |
| RAJASTHAN           |                         8 |
| SIKKIM              |                         1 |
| TAMIL NADU          |                         4 |
| TRIPURA             |                         1 |
| UTTAR PRADESH       |                        11 |
| WEST BENGAL         |                         3 |
| ANDAMAN &NICOBAR    |                         0 |
| CHANDIGARH          |                         0 |
| DADRA& NAGAR HAVELI |                         0 |
| DAMAN&DIU           |                         0 |
| DELHI               |                         0 |
| LAKSHADWEEP         |                         0 |
| PUDUCHERRY          |                         0 |
| CHHATTISGARH        |                         3 |
| JHARKHAND           |                         5 |
| UTTARAKHAND         |                         1 |
| TELANGANA           |                         4 |
| ALL OVER INDIA      |                         0 |
| GRAND TOTAL         |                       151 |