EXTRA JUDICIAL KILLINGS IN INDIA : Grace or Disgrace by ANSHIKA CHITRANSH AT LEXCLIQ

Introduction

The morality of human beings lies in the dignity to have basic human rights and liberties which are protected and respected at the same time. The rights of citizens are protected under the umbrella of the constitution of India. The state authority mainly includes the Police department, the army department, the judiciary, and the civil administration. Extra judicial killing is considered to be the most dreadful human rights violation which means something not done in the court of law.

This reminds us of the ancient times of the Hammurabi Code where justice was based on the principle of “an eye for an eye and a tooth for a tooth.” The law enforcement agencies make it possible without any judicial authorization hence these are taken as to be acts of violence. The criminal justice system gets shaken by encounters of high-profile cases where the politicians, forming the part of the government, advertise them as badges of honor. The theory of morality here gets trashed under the hands of many politicians, businessmen, policemen who carry malafide intentions.

Legislation

The police force has the right to injure or kill the criminal, for the sole and only purpose of self-defense or where it is necessary for maintaining peace and order. Section 96 of the Indian Penal Code (IPC) gives the right to private defense which is a natural and inherent right. The justification given here is based on the right to save themselves from the deadly attack of the accused. The right here provided is subject to the law laid down in section 99  of IPC. They cannot inflict more harm necessary to prevent themselves.

The question here arises is that how can an accused person have weapons that can harm a deadly attack while they are in the custody of police and if they have such a weapon, how can the extrajudicial killing by police be excused under section 99 IPC. Section 46 of the Indian Criminal Procedure Court authorizes the police to use force, extending up to the cause of death, as may be necessary to arrest a detainee or control the situation. Whereas, section 46(3) does not give the right to cause the death of a person who is not accused of an offence.

CJI S.A. Bobde remarked, “ I do not think justice can ever be or ought to be instant. And justice must never ever take the form of revenge. I believe justice loses its character of justice if it becomes revenge.”

There can be many reasons for the increase in extra-judicial killing:-

  • Public support – This emerges out of lack of faith and confidence in the judicial system when the fact of getting away with the cold-blooded murders is the key reason behind police getting bolder by the day and killing at will.
  • Political support – In order to maintain law and order, the instant execution made by such people results in heinous crimes.
  • Rewards – The police forces are often rewarded for the same. The government offers promotions and cash incentives to the teams involved in the extra-judicial killing.
  • Hero worshipping– The societal pressure nowadays has become the most heroic sensation to attract the citizens of India. Amidst all, the hero-worshipping the people and media seem to cast the fact that all killings are suspect unless they have been properly investigated.

 

Extra-judicial killing takes away the opportunity to defend himself/herself. Accused cannot be convicted on the basis of the personal, political, media hue and cry as o public demand. There are also cases of the death of a guardian in which prisoners or detainees were killed during the investigation. It is rarely seen when the police severely punish the killers of prisoners, punished under the law. The famous case of Urutti Kolai was one of those police officers who were sentenced to death for the first time in a special CBI court in Thiruvananthapuram.

 

Conclusion

Extra-judicial killing symbolizes the murder of human rights. “We the people of India”, guarantees certain rights and liberties which are considered to be inherent in the dignity and worth of being a human being. The encounter killing in India marks the clear vision of violation of Fundamental human rights and the most conception of justice. Article 21 of the constitution states that “ No person shall be deprived of his life or personal liberty except according to the procedure established by law.”

Therefore, even the state has no authority to violate that right. And there are no special acts or bold legislations framed against this practice. But NHRC, National Human Rights Commission actively take part in investigations like these, also NGOs like Amnesty International, Human Rights Watch, etc. Provides the protection of basic human rights. The motto of ‘Satyamev jayate’ gets a setback because the truth was not given an opportunity to fight and win the battle. Therefore, it should be seriously taken into doubt on the transparency and fairness of independent inquiries otherwise, in the long run, it will deflect the attention from the established system, protection of human rights, and will strengthen the culture of lawlessness.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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