Highest Custodial Deaths in Gujarat, followed by Maharashtra
669 Custodial Deaths reported in the last five years, the Ministry of Home Affairs (MHA) informs Rajya Sabha. In response to a question asked by Phulo Devi Netam, a member of the Rajya Sabha from Chhattisgarh from the Indian National Congress (INC), the Ministry of Home Affairs has highlighted the data of deaths under police custody for the last five years.
The question was also asked about the compensation for these cases, their status and if payment was made. It also questioned if the government has taken any steps to eliminate custodial torture and death.
What does the data say?
Has presented the state-wise data on custodial deaths as given by NHRC (National Human Rights Commission).
- The total number of custodial deaths comes to 669 in five years from 2017-2022.
- The highest number of deaths was reported in the year 2021-2022.
- Gujarat saw a total of 80 custodial deaths, followed by Maharashtra with 76 deaths and Uttar Pradesh with 41 and Tamil Nadu with 40 deaths.
- Most UTs (Union Territories) such as Puducherry, Lakshadweep, Ladakh, Daman & Diu, Chandigarh and Dadra & Nagar Haveli saw zero deaths in these five years.
- The answer also highlighted that NHRC had recommended monetary relief in 201 cases, the total for which amounted to Rs.5,80,74,998 and disciplinary action in one case.
- In response to steps taken by the government, the MHA said that as “police” and “public order” come under the State List according to the Seventh Schedule of the Constitution of India, it is the responsibility of the State Government to ensure protection of human right.
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However, it highlighted that the Protection of Human Rights Act (PHR), 1993 has established NHRC at the centre and SHRC (State Human Rights Commission) in every state to ensure that no human rights violation takes place. They also conduct seminars and workshops to sensitize public servants and ensure no violation of human rights takes place.
“When complaints of alleged human rights violations are received by the NHRC, action is taken by the Commission as per the provisions laid down under the Protection of Human Rights Act, 1993. Workshops/ seminars are also organised by the NHRC from time to time to sensitise public servants for better understanding of human rights and, in particular, the protection of rights of persons in custody” said Nityanand Rai , Union Minister of State for Home Affairs.
Though the question was addressed in the Rajya Sabha, it does lead to a bigger question of the numbers of custodial deaths. India is a signatory of the “Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment” which recognizes that custodial deaths are inhumane and there must be zero tolerance for this in the country.
India had signed the convention in 1997, but 26 years later, we are still struggling to bring an end to this. Descp- In response to a question asked by Phulo Devi Netam, a member of the Rajya Sabha from Chhattisgarh from the Indian National Congress (INC), the Ministry of Home Affairs has highlighted the data of deaths under police custody for the last five years.
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