Question : CUSTODIAL DEATHS



(a) the details of custodial deaths during the each of the last three years, State-wise;

(b) whether the Human Rights Commission alongwith the State Human Rights Commission have gone into such cases and their findings have been communicated to the respective Governments for action;

(c) if so, the number of cases decided by the Human Rights Commission; and

(d) the action taken by the State Governments against the police officials named by the Human Rights Commission?

Answer given by the minister


THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS ( CH. VIDYASAGAR RAO )

(a)to(d): A statement indicating the State-wise and year-wise details of custodial deaths (both police and judicial custody) reported to the National Human Rights Commission (NHRC) for the years 1998-99, 1999-2000 and 2000-2001 is at Annexure-A.

The NHRC has taken congnizance of all the reported cases. There are, in all, 3416 such cases. 593 cases have been disposed of by the Commission upto 2000-2001 after considering the reports. Out of these 593 cases, 508 cases were found to be on account of natural deaths and 85 cases were concluded to be unnatural deaths. Out of these 85 cases the Commission recommended payment of compensation to the next of kin of the deceased in 44 cases. In 38 cases it recommended both payment of compensation to the next of kin of the deceased and initiation of disciplinary proceedings against the delinquent police officials and in 3 cases the Commission recommended only disciplinary proceedings. An additional 608 cases have also been disposed of by the Commission as being due to natural deaths in the year 2001-2002 (till date). The remaining 2215 cases are under consideration of the Commission at various stages.

Out of 85 cases in which the Commission had recommended award of compensation and initiation of disciplinary proceedings against the erring officials, the concerned State Governments have furnished compliance report in terms of the recommendations of the NHRC in 59 cases and the remaining 26 cases are at different stages of action by them.


ANNEXURE `A`

STATEMENT REFERRED TO IN REPLY TO LOK SABHA UNSTARRED QUESTION NO.1328 FOR REPLY ON 31ST JULY, 2001

STATEMENT SHOWING YEAR-WISE/STATE-WISE DETAILS OF CUSTODIAL DEATH REPORTED BY THE STATE GOVERNMENT TO THE COMMISSION

STATE	1998	1999	TOTAL	1999	2000	TOTAL	2000	2001	TOTAL	JC	PC	JC	PC	JC	PC
ANDHRA PRADESH 96 25 121 73 11 84 76 2 78 ARUNACHALPRAD 1 2 3 0 4 4 1 1 2 ASSAM 22 15 37 22 11 33 11 11 22 BIHAR 182 10 192 155 7 162 137 2 139 GOA 1 0 1 2 2 4 3 2 5 GUJARAT 37 8 45 19 13 32 27 11 38 HARYANA 18 4 22 24 5 29 20 4 24 HIMACHAL PRAD 0 2 2 0 1 1 2 1 3 J & KASHMIR 0 0 0 0 0 0 1 0 1 KARNATAKA 40 10 50 35 6 41 41 5 46 KERALA 25 4 29 14 6 20 26 1 27 MADHYA PRADESH 99 19 118 58 13 71 37 11 48 MAHARASHTRA 98 20 118 126 30 156 104 19 123 MANIPUR 0 3 3 1 0 1 0 0 0 MEGHALAYA 6 1 7 2 0 2 0 1 1 MIZORAM 0 0 0 0 0 0 0 1 1 NAGALAND 0 1 1 0 0 0 0 0 0 ORISSA 68 0 68 45 1 46 55 2 57 PUNJAB 43 12 55 42 11 53 48 13 61 RAJASTHAN 47 3 50 45 3 48 38 3 41 SIKKIM 0 0 0 0 0 0 0 0 0 TAMIL NADU 41 14 55 48 9 57 24 4 28 TRIPURA 0 0 0 0 0 0 0 2 2 UTTAR PRADESH 222 20 242 141 18 159 121 10 131 WEST BENGAL 40 6 46 43 19 62 38 9 47 A&N ISLANDS 2 0 2 2 1 3 2 0 2 CHANDIGARH 0 0 0 0 0 0 2 1 3 D&N HAWELI 0 0 0 0 0 0 0 0 0 DAMAN&DIU 1 0 1 0 0 0 0 0 0 DELHI 17 0 17 19 6 25 28 9 37 LAKSHDWEEP 0 0 0 0 0 0 0 0 0 PONDICHERRY 0 1 1 0 0 0 0 0 0 CHHATISGARH 0 0 0 0 0 0 29 1 30 JHARKHAND 0 0 0 0 0 0 33 1 34 UTTARANCHAL 0 0 0 0 0 0 6 0 6 TOTAL CASES 1106 180 1286 916 177 1093 910 127 1037
JC- JUDICIAL CUSTODY PC-POLICE CUSTODY