Lok Sabha Question No. 334 (STARRED), answered on 2015-12-22
Subject: Custodial Deaths
Ministry: HOME AFFAIRS
Asked by: SADASHIV KISAN LOKHANDE, E. AHAMED

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO.†*334 TO BE ANSWERED ON THE 22 ND  DECEMBER, 2015/PAUSHA 1, 1937 (SAKA)

CUSTODIAL DEATHS

†*334. SHRI SADASHIV LOKHANDE:

SHRI E. AHAMED:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the total number of children under the age of 14 years and minors who died  in  police  custody  including  children  belonging  to  Scheduled  Castes (SC)/Scheduled  Tribes  (ST)  in  the  country  separately,  during  each  of  the last three years and the current year, State-wise;

(b)  the  percentage  of  such  deaths  out  of  the  total  number  of  custodial deaths in the country;

(c)  whether  the  Union  Government/National  Human  Rights  Commission (NHRC)  have  taken  up  the  matter  with  various  State  Governments  with regard to custodial death and torture in police custody;

(d)  if  so,  the  details  and  the  outcome  thereof  indicating  the  number  of police personnel found guilty and punished; and

(e)  whether the Government/NHRC has issued advisories/guidelines to the States and police departments in this regard and if so, the details thereof and the response received thereon?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

(a) to (e): A Statement is laid on the Table of the House.

******

## STATEMENT REFERRED TO IN LOK SABHA STARRED QUESTION NO.*334 FOR 22.12.2015

- (a) : The total number of deaths in police custody in the age group 0-14 is given  in  Annexure-1.    No  separate  record  of  scheduled  castes  (SC)  and scheduled tribes(ST) victims is maintained by the National Human Rights Commission(NHRC).
- (b) :  As per information received from NHRC, the percentage of deaths of children under age 0-14 in police custody to total deaths in police custody during 2012-13, 2013-14, 2014-15 and 2015-16 (upto 30.11.2015) were 7%, 35%, 26% and 21% respectively.
- (c) to (e) : 'Public  Order'  and  'Police'  are  State  subjects  under  the  7 th Schedule of Constitution of India. It is primarily responsibility of the State Government  to  appropriately  protect  the  human  rights  of  the  citizen. However,  Central  Government/National  Human  Rights  Commission  issued guidelines/procedure  to  be  followed  in  cases  of  deaths  caused  in  police action  from  time  to  time.    Pursuant  to  NHRC  guidelines,  every  death  in police  custody  is  to  be  reported  to  the  NHRC  within  24  hours  of  its occurrence. The NHRC also calls for various reports such as inquest, postmortem report, magisterial enquiry report, viscera report etc for ascertaining  foul  play  or  negligence,  if  any,  by  public  servants.    In  all proven cases of violation of human rights, based on reports/investigation by the  Commission,  the  Commission  has  recommended  either  compensation or disciplinary proceedings or prosecution or a combination thereof.  During the above-mentioned period, three cases of deaths in police custody (one each in Bihar, Gujarat and Uttar Pradesh) and  two cases  of torture  (one each  in  Haryana  and  Uttar  Pradesh),  the  Commission  recommended disciplinary action against the erring public servants.

National Human Rights Commission has issued guidelines on 03.10.2013 to all the State Governments/UT Administrations for magisterial enquiry  in  cases  of  deaths  in  custody  and  the  Union  Government    also issued advisories to State Governments regarding crimes against children on 14.07.2010.

********

PAGE 1 OF 1 OF ANNEXURE -1

REPLY OF PART (a) OF THE LOK SABHA QUESTION NO. 334 FOR 22.12.2015

STATEMENT SHOWING STATE-WISE, YEAR-WISE  AND NO. OF CASES REGISTERED  UNDER DEATH IN POLICE CUSTODY INCLUDING SC/ST WHERE VICTIM'S AGE IS BETWEEN 0 TO 14 YEARS DURING THE LAST THREE YEARS AND CURRENT YEAR UPTO 30/11/2015

| States            | 2012-2013   | 2013-2014   | 2014-2015   | 2015-2016   |
|-------------------|-------------|-------------|-------------|-------------|
| States            | Total       | Total       | Total       | Total       |
| Arunachal Pradesh | 1           | 0           | 0           | 2           |
| Assam             | 1           | 4           | 4           | 4           |
| Bihar             | 0           | 6           | 3           | 2           |
| Chhattisgarh      | 0           | 0           | 1           | 0           |
| Delhi             | 1           | 2           | 1           | 2           |
| Gujarat           | 0           | 1           | 1           | 0           |
| Haryana           | 0           | 5           | 3           | 1           |
| Himachal Pradesh  | 0           | 1           | 1           | 0           |
| Jammu &Kashmir    | 0           | 0           | 1           | 0           |
| Jharkhand         | 0           | 3           | 1           | 2           |
| Karnataka         | 1           | 0           | 2           | 0           |
| Kerala            | 0           | 2           | 0           | 1           |
| Madhya Pradesh    | 0           | 2           | 1           | 0           |
| Maharashtra       | 1           | 0           | 1           | 2           |
| Meghalaya         | 0           | 0           | 2           | 1           |
| Odisha            | 0           | 2           | 1           | 2           |
| Punjab            | 0           | 3           | 1           | 2           |
| Rajasthan         | 0           | 0           | 2           | 0           |
| Tamil Nadu        | 1           | 4           | 2           | 1           |
| Telangana         | 0           | 0           | 1           | 1           |
| Tripura           | 0           | 1           | 0           | 0           |
| Uttar Pradesh     | 2           | 11          | 1           | 0           |
| Uttarakhand       | 0           | 0           | 1           | 0           |
| West Bengal       | 2           | 2           | 3           | 0           |
| Total             | 10          | 49          | 34          | 23          |

*******