(a) whether the Government has taken any measures to enforce the guidelines recently issued by the National Human Rights Commission regarding arrest of a person;
(b) if so, the details thereof; and
(c) the steps taken by the Government to set up a complaint redressal mechanism in this regard in all the States?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI SRIPRAKASH JAISWAL)
(a)to(c): The National Human Rights Commission (NHRC) has issued comprehensive guidelines on the arrest of a person and circulated these to all the police stations in the country for effective implementation. The guidelines provide, inter alia, that in case of arrest, the authorities concerned should exercise proper restraint and make the arrest only after being fully satisfied of the genuineness of their action, power of arrest is justified in cognizable cases only for those involved in heinous offences or are prone to violent behaviour and likely to commit further offences or where the suspect is required to be prevented from destroying evidence or interfering with witnesses etc., use of minimum force and upholding the dignity of the person while making arrest, avoiding the use of handcuffs or leg chains except as provided under the law, association women police officers as far as practicable where the person or persons arrested are women, avoidance of arrest of women between sunset and sunrise etc.
The guidelines also refer to the requirements to be followed for effecting arrests as laid down in the orders of the Supreme Court in the Joginder Kumar`s case - (1994) 4SCC 260 and D.K. Basu`s case (1997) 1SCC.
The Government has also advised all the State Governments/Union Territories to follow all the requirements laid down by the Hon`ble Supreme Court in the case of D.K. Basu Vs. State of West whenever arrests are made.
Since Law and Order is a State subject, it is for the State Government to set up complaints redressal mechanisms as required.