Police, Public Order state subjects as per 7th Schedule to Constitution of India: Nityanand Rai

New Delhi, July 27 (Bureau) Minister of State for Home Affairs Nityanand Rai told the Lok Sabha on Monday that ‘Police’ and ‘Public Order’ were State subjects, as per the Seventh Schedule to the Constitution.In a written reply to a question by MP Abdussamad Samadani over custodial deaths and fake encounters, the Minister said it was primarily the responsibility of the state government concerned to ensure protection of human rights of people. However, the Central government issues advisories from time to time and has also enacted the Protection of Human Rights Act (PHR), 1993, which stipulates establishment of the National Human Rights Commissions and State Human Rights Commissions to look into the alleged human rights violations by publicservants, Rai said.

Samadani asked whether the custodial death cases were on the rise in the country, the number of encounter deaths cases reported, whether the government has set up any mechanism to investigate such complaints and if so, the details thereof, including the actions taken by the government against the fake encounters and custodial deaths, Rai replied that when the complaints of alleged human rights violations were received by NHRC, action was taken by the Commission as per the provisions laid down under the Protection of Human Rights Act, 1993. The workshops and seminars were also organised by NHRC on a regular basis to sensitise public servants for better understanding of human rights and, in particular, the protection of rights of persons in custody.