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Mahesh

16/02/23 07:25 AM IST

Custodial Deaths

In News
  • In the last five years, the highest number of custodial deaths have been reported in Gujarat at 80, the Ministry of Home Affairs (MHA) informed the Rajya Sabha.
Major highlights
  • Gujarat is followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40) and Bihar (38).
  • 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.
  • Fourteen deaths in police custody were reported in Gujarat in 2017-18, 13 deaths reported in 2018-19, 12 deaths reported in 2019-20, 17 deaths in 2020-21 and 24 deaths in 2021-22.
  • The highest incidents of custodial deaths were reported from Delhi at 29 in the last five years. This is followed by Jammu and Kashmir at four.
  • 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.
Custodial Death
  • Custodial death is a death that occurs while a person is in the custody of law enforcement officials or in a correctional facility. It can occur due to various causes such as use of excessive force, neglect, or abuse by the authorities.
  • According to the Law commission of India, the crime by a public servant against the arrested or the detained person who is in custody amounts to custodial violence.
Reasons of Custodial Deaths
  • Medical neglect or lack of medical attention, and even suicide.
  • Poor training or lack of accountability among law enforcement officials.
  • Inadequate or substandard conditions in detention centers.
  • Underlying health conditions or pre-existing medical conditions that are not adequately addressed or treated while in custody.
Role of State Govt.
  • 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 establishment of the NHRC and State Human Rights Commissions to look into alleged human rights violations by public servants.
Source- Indian Express

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