Lok Sabha Question No. 2675 (UNSTARRED), answered on 2016-05-10
Subject: Custodial Deaths
Ministry: HOME AFFAIRS
Asked by: DINESH TRIVEDI

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2675

TO BE ANSWERED ON THE 10 TH  MAY, 2016/ VAISAKHA 20, 1938 (SAKA)

CUSTODIAL DEATHS

2675. SHRI DINESH TRIVEDI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the total number of custodial deaths reported during each of the last three years and the current year, gender and State-wise;

(b)  the  total  number  of  such  cases  solved/unsolved  along  with  the action taken against the guilty police personnel during the said period, State-wise;

(c) the steps taken by the Government to solve all the cases;

(d)  whether  the  Government  has  received  representations,  guidelines and  recommendations  from  the  National  Human  Rights  Commission (NHRC) in this regard during the said period; and

(e) if so, the details thereof and the action taken by the Government on such representations, guidelines and recommendations along with the outcome thereof?

## ANSWER

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

(a) & (b):  Information is being collected and will be laid on the Table of the House.

(c) to (e): Police and Public order are State subjects under the 7th

## LS.US.Q.No. 2675 FOR 10.05.2016

Schedule of Constitution of India. It is primarily the responsibility of the State Government to appropriately prevent and ensure non occurrence of  police  atrocities  and  protect  the  human  rights  of  the  citizen. However, National Human Rights Commission issues guidelines/procedure to be followed in cases of death caused in police action from time to time.  Pursuant to the guidelines laid down by the NHRC, every death in police or judicial custody is to be reported within 24  hours  of  the  occurrence.  The  Commission  also  calls  for  various reports such as inquest, post mortem report, magisterial enquiry report, viscera  report  etc.  for  ascertaining  foul  play  or  negligence,  if  any,  by public servants, which resulted in the death in custody.

During various workshops, seminars and camps sittings, the Commission  sensitize  senior  officers  in  State  Governments  for  better protection of human Rights.

As  per  Section  18  of  Protection  of  Human  Rights  Act,      1993,  after completion  of  the  inquiry  under  the  Act,  in  case  where  the  inquiry discloses the commission of violation of human rights or negligence in the  prevention  of  violation  of  human  rights  or  abetment  thereof  by  a public servant, the National Human Rights Commission may recommend ...3/-

## LS.US.Q.No. 2675 FOR 10.05.2016

to concerned Government or authority to make payment of compensation or damages to the complainant or to the victim or  the members of his family.  The same provision exists for the State Human Rights Commission under the Section 29 of the said Act.

The PHR Act further mentions that the Commission shall send a copy of its Inquiry Report together with its recommendations to the concerned Government or authority. The concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow,  forward  its  comments  on  the  Report,  including  the  action taken  or  proposed  to  be  taken  thereon,  to  the  Commission.  The Commission shall publish its inquiry report  together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.

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