Question : Custodial Deaths

(a) the total number of cases of custodial deaths reported during the last five years and the current year, State/UT/year-wise;

(b) the number of cases of custodial deaths in which National Human Rights Commission (NHRC) recommended payment of monetary compensation including the details on the total amount of monetary compensation recommended and paid, State/UT/year-wise;

(c) the number of cases of custodial deaths in which NHRC recommended disciplinary actions including the details on the number of disciplinary actions taken in compliance with the NHRC recommendations, State/UT/ year-wise; and

(d) the number of cases of custodial deaths during the said period in which NHRC recommended prosecution against police officials including the details on the number of prosecutions instituted in compliance with NHRC recommendation during the said period, year-wise and State/UT-wise?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI NITYANAND RAI)

(a) & (b): As per information received from the National Human Rights Commission (NHRC), details of cases (State/UT/year- wise) reported in respect of Custodial deaths are given at Annexure- A and details of cases


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(State/UT/year-wise) where monetary relief was recommended by the Commission are given at Annexure-B

(c) to (d): As per the information received from the National Human Rights Commission (NHRC), details of cases (State/UT/year-wise), where disciplinary action, prosecution was recommended by the NHRC are given at Annexure-C.

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 custodial death discloses negligence by a public servant, the Commission recommends to authorities of Central/State Governments for paying compensation to the Next of Kin (NoK) and also for initiation of disciplinary proceedings/prosecution against the erring public servant. Action against the erring public servant is to be taken by the respective authorities as per extant rules, procedures, etc.

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