Highest no. of custodial deaths in Gujarat in last 5 years, Maharashtra follows close behind

The highest number of custodial deaths in the last five years have been reported in Gujarat, which comes to 80, the Ministry of Home Affairs (MHA) informed the Rajya Sabha.

Maharashtra comes second with the number of custodial deaths at 76, followed by Uttar Pradesh (41), Tamil Nadu (40) and Bihar (38).

Union Minister of State for Home Affairs Nityanand Rai informed the Rajya Sabha that a total of 146 cases of death in police custody were reported during 2017-2018, 136 in 2018-2019, 112 in 2019-2021, 100 in 2020-2021 and 175 in 2021-2022.

Citing information provided by the National Human Rights Commission (NHRC), he shared the details of the custodial deaths reported between April 1, 2017 and March 31, 2022.

Among the nine Union Territories, Delhi records the highest incidents of custodial deaths at 29 in the last five years, while Jammu and Kashmir follows, at four.

The commission has recommended monetary relief in 201 cases, amounting to Rs 5,80,74,998, and disciplinary action in one case, the Minister said.

“In Maharashtra, 19 deaths in police custody were reported in 2017-18, 11 in 2018-19, three deaths in 2019-2020, 13 in 2020-21 and 30 deaths in 2021-22. In Uttar Pradesh, 10 deaths were reported in 2017-18, 12 deaths in 2018-19, three deaths in 2019-2020, eight deaths in 2020-21 and eight deaths in 2021-22,” Rai said.

“In Tamil Nadu, 11 deaths were reported in 2017-18, 11 in 2018-19, 12 deaths in 2019-2020, two deaths in 2020-21 and four deaths in 2021-22. In Bihar, seven deaths in police custody were reported in 2017-18, five each in 2018-19 and 2019-2020, three deaths in 2020-21 and 18 deaths in 2021-22,” Rai added.

While Sikkim and Goa reported no incident from 2017 to 2020, one incident of custodial death was recorded each in 2021-2022.

“Police and public order are State subjects as per the Seventh Schedule of the Constitution of India. It is primarily the responsibility of the state government concerned to ensure the protection of human rights. However, the Central Government issues advisories from time to time and also has enacted the Protection of Human Rights Act (PHR), 1993, which stipulates the establishment of the NHRC and State Human Rights Commissions to look into alleged human rights violations by public servants,” the Minister said.

“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,” he added.