STATEMENT IN REPLY TO PARTS (a) TO (d) OF THE RAJYA SABHA UNSTARRED QUESTION NO.2407 FOR 01.12.2010

 

(a) & (b):    The number of cases registered by National Human Rights Commission (NHRC) on the basis of intimations received from concerned authorities about deaths in police custody and judicial custody during the last three years are as under:

 

YEAR

Custodial Deaths in Police

Custody

 

Custodial deaths

in Judicial Custody

2007-08

187

1789

2008-09

127

1527

2009-10

125

1480

 

 

On the basis of intimations received by the NHRC during the last three years, there is a clear trend of decline in the number of deaths in police/judicial custody.

 

(c) & (d): The National Human Rights Commission (NHRC), in accordance with the provisions of Section 18(a) of Protection of Human Rights Act, 1993, recommends to the concerned Government authorities for payment of compensation or damages to the complainant or the action against the erring public servant.

 

          Pursuant to the guidelines issued by the NHRC to the State Governments, all deaths in police or judicial custody, whether natural or otherwise, are to be reported to NHRC within 24 hours of their occurrence.  In order to evaluate any foul play or acts or omission/commission on the part of public servants which lead to death in custody, the NHRC call for reports including Inquest report, Post mortem report and Magisterial Enquiry report.

 

          During the period 1/4/2007 to 31/3/2010 (including cases of previous years), the NHRC recommended monetary relief of Rs.3,92,95,000/-  in 270 cases of deaths in judicial custody.  The NHRC has also recommended monetary relief of Rs.1,91,25,000/- in 123 cases of deaths in police custody. 

 

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