Question : Custodial Deaths

(a) the number of custodial deaths in the country during the last three years, including in 2020, State/UT-wise;

(b) the number of cases of custodial deaths where the National Human Rights Commission (NHRC) recommended paying compensation during the above mentioned period, State/UT-wise;

(c) the number of cases of custodial deaths where the NHRC recommended initiating prosecution against police officers during the above mentioned period, State/UT-wise;

(d) the status of implementation of these recommendations;

(e) whether the Government is considering to monitor the implementation of the DK Basu Guidelines by the States, if so, the details thereof and if not, the reasons therefor; and

(f) whether the Government is considering to ratify the UN Convention Against Torture, if so, the details thereof and if not, the reasons therefor?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI G. KISHAN REDDY)
(a) to (d): As per information received from National Human Rights Commission (NHRC) details of cases (Stat/UT wise) registered in respect of Custodial deaths are given at Annexure-A. Details of cases where monetary


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L.S.US.Q.NO. 3253 FOR 16.03.2021
relief, disciplinary action, prosecution was recommended are given at Annexure-B.

(e) “Police and Public Order” are state subjects as per the seventh schedule to the Constitution of India and as such D K Basu guidelines are implemented by State/UT Governments. The Ministry of Home Affairs and NHRC also issues advisories from time to time to ensure protection of human rights.

(f) Ratification of the United Nations Convention against Torture would require an enabling legislation framing of which is a dynamic process and is undertaken, taking into account the views of the various stakeholders.

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