Article:
The Supreme Court of India recently made important observations about the increasing instances of extra-judicial killings in the country. These statements came into light following an encounter in Uttar Pradesh, which signaled a growing concern regarding the violation of fundamental rights, particularly the right to life stipulated in the constitution. The court pointed out that such incidents account for misuse of power by the police.
Understanding Extra-Judicial Killings
Extra-judicial killing is a term used to describe the unlawful killing of individuals by state authorities or their agents without any legal or judicial proceedings. This indicates that the person is killed without a trial or any form of due process. It can take several forms like extrajudicial executions, summary executions, and enforced disappearances – all of which are considered illegal and infringe upon human rights and the rule of law. Security forces and law enforcement agencies often perform these acts in the name of maintaining law and order or combating terrorism.
Constitutional Provisions and Law Enforcement
India’s Constitution intends to govern the nation based on the rule of law. It is the supreme authority from which the legislative and executive derive their power. It guarantees the Right to Life and Personal Liberty under Article 21, applicable to all individuals regardless of their guilt or innocence. Policemen are required to adhere to the Constitution, thereby protecting every individual’s right to life. The Indian Penal Code allows the police to use force, even lethal force, in self-defense or to maintain peace and order. The Criminal Procedure Code also permits the use of lethal force to arrest someone accused of committing a serious crime.
Current Status of EJKs in India
Despite a 15% decline in encounter killing cases between 2016-’17 and 2021-’22, there has been a 69.5% increase in such cases over the past two years. India has registered a total of 813 cases of encounter killings in the last six years. Chhattisgarh leads with the most extra-judicial killing cases at 259, followed by Uttar Pradesh at 110 and Assam at 79.
Causes behind EJKs in India
Multiple factors contribute to the occurrence of extra-judicial killings. They include public and political support, punitive violence by police personals, hero-worshipping, and inefficiency of the police. Often, the public supports such killings due to a lack of trust in the court system’s ability to deliver timely justice. Moreover, some politicians view these encounters as proof of their success in maintaining law and order. However, these reasons cannot justify any form of violation of human rights by the police authorities.
Guidelines for Encounters in India
In 2014, the Supreme Court issued guidelines for investigating police encounters that result in death. The directives mandate the registration of a First Information Report (FIR), involvement of the deceased’s next of kin in the inquiry, and maintaining written records of intelligence inputs. Independent agencies like the Criminal Investigation Department (CID) must carry out the investigations to ensure impartiality. Furthermore, information about the incident must be sent to the National Human Rights Commission (NHRC) or the State Human Rights Commission.
Following this, in 1997, the NHRC also provided guidelines that required police to register information about encounter deaths, conduct investigations independently, and compensate the deceased’s dependents if police officers are convicted. These guidelines were amended in 2010 to include FIR registration, a magisterial inquiry, and reporting all deaths to the NHRC within 48 hours.
Way Forward
Ensuring thorough investigations into encounter killings is crucial to maintain the credibility of the rule of law. The state government has a responsibility to uphold this principle and verify its adherence in all cases across the country. Educating police officers about the importance of human rights and preventing these unlawful killings should be a top priority, given the increasing number of encounter killings that result in human rights abuses.
Last Modified: February 20, 2024