(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, State-wise;
(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?
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
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L.S.US.Q.NO. 1459 FOR 26.07.2022
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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