20 i CIVIL LIBERTIES
3.30 These instructions were communicated in a letter addressed to the Home
Secretaries of all States/Union Territories, all Director Generals of Prison and all
Director Generals of Police by Shri N. Gopalaswami, Secretary General of the
Commission, on 5 January 2001.
3.31 The Commission has noted with interest and satisfaction that there has been a
decline in the total number of custodial deaths reported in 2000-2001, the number
having gone down to 1037 from 1093 in 1999-2000. The total number of deaths in
police custody have shown a significant decrease, from 177 in 1999-2000 to 127 in
2000-2001. The deaths in judicial custody too have declined from 916 in 1999-2000 to
910 in 2000-2001.
3.32 The States in which deaths in police custody have shown notable decline were
Andhra Pradesh, Madhya Pradesh, Maharashtra, Tamil Nadu, West Bengal and Uttar
Pradesh. However, there has been an increase in such deaths in Delhi, Assam and
Punjab. The state-wise position indicating the number of custodial deaths is given at
Annexure 7.
C] Encounter Deaths
3.33 The guidelines framed by the Commission in respect of the procedures to be
followed by the authorities in dealing with deaths that occurred in encounters
involving the police were circulated to all Chief Secretaries of States and
Administrators of Union Territories on 29 March 1997. The Commission called for
acceptance of these guidelines and their faithful implementation.
3.34 In response, the Commission received letters from all State Governments/Union
Territories conveying their acceptance of the guidelines.
3.35 In the course of the year 2000-2001, however, the Commission received 109
complaints alleging that deaths had occurred as a result of 'fake' encounters. A
statement showing the state-wise position in respect of such complaints is given in
Annexure 8. In each of these cases, the Commission is seeking to ensure that enquiries
are made and action taken in accordance with its standing instructions relating to
encounter deaths.
NATIONAL HUMAN RIGHTS COMMISSION