Vikas Dubey, a notorious gangster, was recently killed in an encounter, a term used in India to describe extra-judicial killings, by the Uttar Pradesh Police. This incident sparked widespread controversy with many experts calling for a judicial enquiry into the matter.
Understanding the Rights of Police
Under Indian law, the police force is authorized to injure or kill criminals, but only in self-defense or when it’s essential for maintaining peace and order. According to Section-96 of the Indian Penal Code (IPC), every individual has the right to private defense. In terms of dealing with criminals, Section-46 of the Criminal Procedure Code (CrPC) allows the police to use force, extending up to causing death, to arrest someone accused of a severe offense.
Factors Contributing to Increase in Extra-judicial Killings
Various factors have contributed to the rise in extra-judicial killings. Public support, due to lack of faith in the judiciary, and political backing are two key reasons. Often, the police forces involved in such encounters receive promotion and cash incentives, further motivating these actions. Additionally, institutions like The National Human Rights Commission, meant to check such activities, have become ineffective over the years.
Societal admiration for police officers involved in such actions also plays a part. Often hailed as heroes ‘cleaning up society’, they enjoy significant public support, which often overshadows the need for proper investigation into these killings.
Constitutional Provisions and Judicial Guidelines
As per the Constitution of India, the country is intended to be governed by the rule of law. This means that the Right to Life and Personal Liberty, protected under Article 21, applies to all individuals, including criminals. Therefore, it is incumbent on the police to follow these principles.
In a landmark case against the State of Maharashtra in 2014, the Supreme Court issued a set of guidelines that police must follow in cases of encounter deaths. These include recording tip-offs regarding criminal activities, registering FIRs promptly after an encounter resulting in death, conducting independent investigations, and informing human rights commissions about the incident immediately.
NHRC Guidelines on Encounter Killings
The National Human Rights Commission has also issued guidelines aimed at regulating police conduct during encounter killings. According to these regulations, an FIR must be registered immediately after an encounter death and an independent investigation agency should be employed when police from the same station are involved in the encounter.
Additionally, compensation should be given to the deceased’s dependents if the officers are prosecuted based on investigation results. Further extensions to these guidelines, made in 2010, include the requirement of a magisterial probe in all encounter death cases and mandatory reporting to the Commission of all deaths occurring during police actions.
Need for Reforms and Strict Adherence to Rule of Law
Given the frequency and controversy surrounding encounter killings, it is imperative to thoroughly investigate these incidents to preserve the credibility of the rule of law. All State authorities and citizens should adhere to the rule of law and proper safety measures should be taken to prevent any attacks by the accused on law enforcement.
There is also a need for an overhaul of the criminal justice system and the introduction of necessary police reforms. Police personnel should be better trained and equipped with relevant skills to effectively handle challenging situations, keeping in mind the importance of respecting human rights.
Last Modified: February 8, 2024