Extrajudicial killings In India : A solution or a serious concern

Introduction :

Extra-judicial killings are a serious concern and violation of human rights. They occur when individuals are killed by state authorities or individuals acting on behalf of the state outside the legal framework or without due process of law. Such killings undermine the principles of justice, fairness, and the rule of law, and they often lead to a culture of impunity.

From a human rights perspective, extra-judicial killings are unacceptable and should be condemned. Every person has the right to life and should be afforded a fair trial and legal protection. When killings occur outside the established legal system, it erodes public trust in law enforcement and the justice system, creating a climate of fear and insecurity.

It is essential to address extra-judicial killings through legal and institutional reforms, as well as increased accountability and oversight mechanisms. The following steps can help address this issue:

1. Strengthen the justice system: 

Ensure an independent and impartial judiciary that can effectively investigate and prosecute cases of extra-judicial killings. This includes providing adequate resources, training, and support to the judiciary and law enforcement agencies.

2. Enhance law enforcement training:

 Provide comprehensive training to law enforcement personnel on human rights, proper use of force, conflict resolution, and de-escalation techniques. This can help prevent situations where lethal force becomes the first response.

3. Accountability and transparency: 

Establish robust mechanisms to hold accountable those responsible for extra-judicial killings. This includes thorough investigations, prosecution of perpetrators, and providing reparations to victims and their families. Additionally, it is crucial to ensure transparency in the reporting and dissemination of information regarding such cases.

4. Civil society engagement:

 Encourage the participation of civil society organizations, human rights defenders, and the media in monitoring and reporting incidents of extra-judicial killings. Their involvement can help raise awareness, provide support to victims, and advocate for justice.

5. Strengthen community policing: 

Foster positive relationships between law enforcement agencies and communities through community-oriented policing approaches. Building trust and cooperation can help prevent violence, reduce the likelihood of extra-judicial killings, and encourage dialogue and problem-solving.

It is important to recognize that addressing extra-judicial killings requires a comprehensive and multi-faceted approach involving legal, institutional, and societal changes. It requires a commitment to upholding human rights, ensuring accountability, and promoting a culture of respect for the rule of law.

Aspects :

Certainly, let’s explore both the positive and negative aspects of extra-judicial killings:

Positive Aspect of Extra judicial killings :

1. Expediency: In some cases, proponents argue that extra-judicial killings can provide a swift and immediate response to crime, bypassing lengthy legal processes. This approach is believed to send a strong message to potential criminals and deter future offenses.

Negative Aspects of Extra judicial killings :

1. Violation of Human Rights: 

Extra-judicial killings are a clear violation of human rights, specifically the right to life and the right to a fair trial. Every individual is entitled to due process and legal protections, and extra-judicial killings undermine these fundamental rights.

2. Lack of Accountability: 

Extra-judicial killings often occur in an environment of impunity, where perpetrators are not held accountable for their actions. This absence of accountability erodes trust in law enforcement and the justice system, leading to a breakdown of the rule of law.

3. Potential for Abuse: 

Allowing extrajudicial killings can open the door to abuse of power and misuse of force by authorities. Without proper checks and balances, there is a risk that innocent individuals may be targeted, and personal or political vendettas may be carried out under the guise of combating crime.

4. Undermining the Justice System: 

Extra-judicial killings undermine the proper functioning of the justice system by bypassing the established legal procedures. They erode public trust in the judiciary and discourage victims from seeking justice through legitimate channels, perpetuating a cycle of violence and injustice.

5. Impacts on Society: 

Extra-judicial killings contribute to a climate of fear and insecurity within society. When individuals fear arbitrary violence from state authorities, it can lead to social unrest, a breakdown of community trust, and a reluctance to cooperate with law enforcement agencies, hindering effective crime prevention efforts.

The violation of human rights, lack of accountability, potential for abuse, and undermining of the justice system make it imperative to focus on comprehensive legal reforms, accountability mechanisms, and respect for human rights to address crime and ensure justice.

Case related to Extra Judicial Killings in India:

Here are a few more notable cases related to extra-judicial killings in India:

1. (The Batla House Encounter ): In 2008, an encounter took place in Batla House, Delhi, between the Delhi Police Special Cell and alleged terrorists. Two suspected individuals were killed, while two others were arrested. The encounter sparked controversy, with allegations of a staged operation and violations of human rights.

2. ( The Sohrabuddin Sheikh Encounter ) : In 2005, Sohrabuddin Sheikh, a criminal suspect, and his wife Kausar Bi were allegedly encountered by the Gujarat Police. The encounter raised suspicions of a fake encounter and led to investigations that exposed a network of alleged extra-judicial killings involving state police officials.

3.( The Manipur Encounter Killings) : In Manipur, a northeastern state of India, there have been numerous allegations of extra-judicial killings by security forces in the name of counter-insurgency operations. These incidents raised concerns about human rights violations and the lack of accountability for security personnel involved in the encounters.

4. ( The Gompad Massacre ) : In 2011, in the village of Gompad, Chhattisgarh, several Adivasi villagers were killed by security forces in what was claimed to be a combing operation against Maoist insurgents. However, there were allegations that the killings were extrajudicial and targeted innocent villagers, including women and children.

5.( In the 2019 Hyderabad Priyanka Reddy’s rape case ) : the accused were killed by the policemen in an encounter on the spot where the body of the victim was recovered. The accused raped Priyanka Reddy, a veterinary doctor and then partially burnt her body. 

6.( In the 2020 Vikas Dubey vs. the State of U.P. case ) : the wanted gangster of Uttar Pradesh, Vikas Dubey, was killed in an encounter by the U.P. police, and no evidence was found against the police.

7.( In PUCL vs. the State of Maharashtra (2014)) : the Supreme Court questioned the genuineness of 99 encounter killings by the Mumbai police between the years 1995 and 1997. Furthermore, a 16- points guideline was laid down by the Supreme Court to be considered the standard procedure for a thorough, effective and independent investigation in cases of death or grievous injury during police encounters. 

These cases, among others, have drawn attention to the issue of extra-judicial killings in India and have called for reforms to ensure accountability, transparency, and protection of human rights in law enforcement operations.

 Suggestions :

Extra-judicial killings are a grave concern that must be addressed to uphold human rights, promote the rule of law, and ensure justice. They represent a violation of the fundamental rights of individuals and undermine trust in law enforcement and the justice system.

To effectively address the issue of extra-judicial killings, the following suggestions can be considered:

1. Strengthen Legal Frameworks: Implement comprehensive legal reforms that clearly define and prohibit extra-judicial killings. Ensure that laws and regulations adhere to international human rights standards and provide for robust safeguards and accountability mechanisms.

2. Enhance Accountability: Establish independent and impartial oversight mechanisms to investigate allegations of extra-judicial killings. Ensure that those responsible for such acts are held accountable through fair and transparent legal proceedings.

3. Training and Sensitization: Provide specialized training to law enforcement personnel on human rights, proper use of force, conflict resolution, and the importance of due process. Foster a culture of respect for human rights within law enforcement agencies.

4. Judicial Independence: Safeguard the independence of the judiciary and ensure that judges are able to carry out their duties without fear or favor. Promote an environment that encourages fair and impartial adjudication of cases related to extra-judicial killings.

5. Civil Society Engagement: Encourage the active participation of civil society organizations, human rights defenders, and the media in monitoring and reporting cases of extra-judicial killings. Support their efforts in advocating for justice, raising awareness, and supporting victims and their families.

6. Victim Support and Rehabilitation: Establish comprehensive support systems for victims and their families, including legal aid, counseling services, and rehabilitation programs. Ensure that victims receive adequate compensation and assistance in rebuilding their lives.

7. International Cooperation: Collaborate with international bodies, such as the United Nations and regional human rights organizations, to seek technical assistance, share best practices, and learn from successful initiatives implemented in other countries.

By implementing these suggestions, societies can work towards preventing extra-judicial killings, fostering trust in the justice system, and upholding human rights principles. It requires a concerted effort from all stakeholders to bring about lasting change and ensure justice for all individuals.

Conclusions :

In conclusion, the prevalence of extrajudicial killings in India is a grave concern that poses a significant threat to justice, human rights, and the foundational principles of the rule of law. Despite some governmental efforts to address this issue, extrajudicial killings persist, perpetuating a culture of fear, impunity, and diminished public trust in law enforcement agencies.

To effectively tackle this problem, a multi-faceted approach is needed. It begins with comprehensive reforms within the law enforcement and judicial systems to safeguard the rights of all individuals, irrespective of their backgrounds or alleged crimes. Strengthening accountability mechanisms, establishing independent oversight bodies, and providing extensive training on human rights standards and legal procedures for law enforcement personnel are vital aspects of this process.

REFERENCES

•  “Batla House encounter: Shahzad Ahmad sentenced to life imprisonment,” The Times of India, July 31, 2013. (https://timesofindia.indiatimes.com/india/Batla-House-encounter-Shahzad-Ahmad-sentenced-to-life-imprisonment/articleshow/21410911.cms)
•  ^{“Sohrabuddin encounter case: Chronology of events,” The Times of India, December 21, 2018. (https://timesofindia.indiatimes.com/city/mumbai/sohrabuddin-encounter-case-chronology-of-events/articleshow/67184339.cms)}
•  ^{“Supreme Court says no to immunity for armed forces in Manipur encounter killings,” Hindustan Times, July 14, 2017. (https://www.hindustantimes.com/india-news/supreme-court-says-no-to-immunity-for-armed-forces-in-manipur-encounter-killings/story-N2RBZTT1cl1y2K2V2ZDHOO.html)}
• ^{“Political parties condemn Gompad Maoist attack,” The Times of India, May 20, 2013. (https://timesofindia.indiatimes.com/india/Political-parties-condemn-Gompad-Maoist-attack/articleshow/20160084.cms)}
•  ^{“Hyderabad gangrape case: All 4 accused killed in encounter; victim’s family hails action,” The Times of India, December 6, 2019. (https://timesofindia.indiatimes.com/city/hyderabad/hyderabad-vet-rape-murder-case-all-four-accused-killed-in-encounter/articleshow/72416765.cms)}
• ^{“Gangster Vikas Dubey killed in encounter,” The Indian Express, July 10, 2020. (https://indianexpress.com/article/india/kanpur-gangster-vikas-dubey-shot-dead-6492313/)}
• ^{PUCL and Another v. State of Maharashtra and Others, (2014) 10 SCC 635}