Maharashtra follows close behind with 76 deaths in police custody over the last five years, the Ministry of Home Affairs informed the Upper House.
In the last five years, the highest number of custodial deaths have been reported in Gujarat at 80, the Ministry of Home Affairs (MHA) informed the Rajya Sabha. This is followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40) and Bihar (38).
Sharing details of the custodial deaths reported between April 1, 2017 and March 31, 2022 in all states and Union Territories across India, Union Minister of State for Home Affairs Nityanand Rai informed the Rajya Sabha that a total of 146 cases of death in police custody were reported during 2017-2018, 136 in 2018-2019, 112 in 2019-2021, 100 in 2020-2021 and 175 in 2021-2022.
“Fourteen deaths in police custody were reported in Gujarat in 2017-18, 13 deaths reported in 2018-19, 12 deaths reported in 2019-20, 17 deaths in 2020-21 and 24 deaths in 2021-22,” he said.
Rai said that among the nine Union Territories, the highest incidents of custodial deaths were reported from Delhi at 29 in the last five years. This is followed by Jammu and Kashmir at four.
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Citing information provided by the National Human Rights Commission (NHRC), the minister said that in the incidents of deaths in police custody, the commission has recommended monetary relief in 201 cases, amounting to Rs 5,80,74,998, and disciplinary action in one case.
“In Maharashtra, 19 deaths in police custody were reported in 2017-18, 11 in 2018-19, three deaths in 2019-2020, 13 in 2020-21 and 30 deaths in 2021-22. In Uttar Pradesh, 10 deaths were reported in 2017-18, 12 deaths in 2018-19, three deaths in 2019-2020, eight deaths in 2020-21 and eight deaths in 2021-22,” Rai said.
“In Tamil Nadu, 11 deaths were reported in 2017-18, 11 in 2018-19, 12 deaths in 2019-2020, two deaths in 2020-21 and four deaths in 2021-22. In Bihar, seven deaths in police custody were reported in 2017-18, five each in 2018-19 and 2019-2020, three deaths in 2020-21 and 18 deaths in 2021-22,” Rai added.
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The minister said that states like Sikkim and Goa reported no incident from 2017 to 2020, but recorded one incident of custodial death each in 2021-2022. “Police and public order are State subjects as per the Seventh Schedule of the Constitution of India. It is primarily the responsibility of the state government concerned to ensure the protection of human rights. However, the Central Government issues advisories from time to time and also has enacted the Protection of Human Rights Act (PHR), 1993, which stipulates establishment of the NHRC and State Human Rights Commissions to look into alleged human rights violations by public servants,” he said.
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“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 organised by the NHRC from time to time to sensitise public servants for better understanding of human rights and, in particular, the protection of rights of persons in custody,” he added.
