(a) whether the Government has data of the number of custodial deaths recorded in the country;
(b) if so, the data specific to police custody death and judicial custody death during the last three years, State-wise;
(c) whether the Government has established a mechanism to ensure accountability for the deaths that happen in police and judicial custody; and
(d) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI NITYANAND RAI)
(a) to (b): As per information received from National Human Rights Commission (NHRC) details of cases (State/UT wise) registered in respect of Custodial deaths are given at Annexure.
(c) to (d): “Police and Public Order” are State subjects as per the seventh schedule to the Constitution of India. The Ministry of Home Affairs and
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L.S.US.Q.NO.1161 FOR 27.07.2021
National Human Rights Commission (NHRC) issue advisories from time to time to ensure protection of human rights. Further, pursuant to the guidelines issued by the NHRC, every death in custody, police or judicial, natural or otherwise, is to be reported to the Commission within 24 hours of its occurrence. If an enquiry by the Commission into police/judicial custody discloses negligence by a public servant, the Commission recommends to authorities of Central/State governments for initiation of proceedings for prosecution against erring public servant. The disciplinary action against the erring public servant is to be taken by the respective state government as per extant rules, procedures etc.
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