EXTRA-JUDICIAL KILLINGS IN INDIA: A CRITICAL ANALYSIS BY - DR. BHARAT G. KAURANI
EXTRA-JUDICIAL
KILLINGS IN INDIA: A CRITICAL ANALYSIS
AUTHORED
BY - DR. BHARAT G. KAURANI
Associate Professor
G. E. Society’s N.B. Thakur Law College, Nashik – 5
Affiliated to Savitribai Phule Pune University, Pune.
Abstract:
"Injustice anywhere is a threat to
justice everywhere."
- Martin Luther King Jr.
Extrajudicial killings, a contentious issue in India, have garnered
significant attention due to their complex legal, ethical, and human rights
implications. This research paper provides a critical study of extrajudicial
killings in India, examining the dichotomy of perspectives surrounding these
incidents. One perspective views them as necessary acts of justice in the face
of rising crime and terrorism, while another condemns them as violations of
constitutional rights and due process.
The paper maintains a neutral stance, analysing the phenomenon
through the lens of real-life incidents and relevant case laws. It explores the
legal framework governing extrajudicial killings, particularly under Articles
14, 21, and 22 of India's Constitution, which guarantee equality, life,
liberty, and protection against arbitrary arrest. Despite guidelines from the
National Human Rights Commission (NHRC), extrajudicial killings persist, often
attributed to political influence and ineffective law enforcement practices. Drawing
on case studies such as the Hyderabad encounter in 2019 and the Vikas Dubey
killing in 2020, the paper examines Supreme Court and High Court judgments,
evaluating legal frameworks and provisions applicable to these incidents. It
also considers international human rights standards, comparing India's
practices with global norms to identify areas necessitating reforms.
This study aims to contribute to informed dialogue and policy
recommendations aimed at curbing extrajudicial killings, advocating for police
reform, strengthening legal protections, and upholding fundamental rights
within India's criminal justice system. By exploring these critical issues, the
paper seeks to stimulate scholarly debate and promote measures that uphold
justice, accountability, and respect for human dignity in India.
Keyword:
Extra-judicial killings, Encounter
Killings, Right to Life, Human Rights, Police reform, etc.
Introduction
Article 21 of India's Constitution guarantees the right to life and
personal liberty, emphasizing that these rights can only be deprived through
established legal procedures. Central to the protection of all other rights,
the right to life forms the cornerstone of democratic governance and justice.
However, India has grappled with a troubling trend of extrajudicial killings,
where individuals are unlawfully executed without due legal process by state
entities or individuals. This phenomenon, often manifested through
"encounter killings" by police and armed forces, initially arose as a
response to threats like the Naxalite movement but has increasingly been
misused for personal gain and to evade legal accountability. The traditional
methods of resolving cases—interrogation, investigation, and trial—have
increasingly been bypassed in favour of unlawful killings, undermining the
justice system. State actors, including police and paramilitary forces, are
meant to uphold law and order but have resorted to these violent measures.
Extra-judicial killings in
India have also surged due to deficiencies in law and legal enforcement.
Despite international standards and NHRC guidelines, suspects face torture and
killings in custody, with minimal reporting and punishment for perpetrators.
This problem persists despite stringent laws in developed countries like the
USA and UK. Addressing this issue requires focused and careful decision-making
to strengthen India's legal framework and enforcement.
The study seeks to investigate the frequency and extent of
extra-judicial killings across diverse regions and demographics in India while
identifying the underlying causes behind such incidents. It aims to evaluate
the effectiveness of current legal frameworks and enforcement procedures,
highlighting critical areas in need of reform. Additionally, the research
intends to assess the broader impact of extra-judicial killings on human
rights, individual liberties, and the rule of law. Finally, it aims to compare
India's approach to extra-judicial killings with global practices to propose
potential solutions aimed at strengthening the legal framework, enhancing
enforcement mechanisms, and safeguarding fundamental rights. Through this
critical analysis, the research seeks to contribute to informed policymaking
and advocacy for reforms that uphold justice, accountability, and respect for
human dignity within India’s criminal justice system.
Extra-Judicial
Killings:
Extra-judicial killings refer to acts
where law enforcement officials, government agents, or individuals acting on
behalf of state authority intentionally inflict lethal force upon a person
without the sanction of any judicial proceeding or legal process. These
killings occur outside the established legal framework that governs the use of
force by state actors, such as police officers or military personnel. Key
aspects of extra-judicial killings include:
- Absence of Due Process: These killings bypass legal procedures and
judicial oversight, denying individuals their right to a fair trial, legal
defense, and judicial review.
- Implications for Human Rights: Extra-judicial killings often
violate fundamental human rights, including the right to life, the right
to security, and protection against arbitrary deprivation of life as
enshrined in international human rights conventions.
- Political or Social Motivations: These killings may be driven
by political agendas, social prejudices, or attempts to suppress dissent, often
targeting individuals perceived as threats to state authority or societal
norms.
- Impunity and Lack of Accountability: Perpetrators of extra-judicial
killings frequently escape legal consequences due to inadequate
investigations, weak judicial oversight, or systemic corruption, leading
to a culture of impunity.
- Impact on Society: Such killings erode public trust in law enforcement
institutions, undermine confidence in the rule of law, and perpetuate
cycles of violence and reprisals within communities.
Examples of extra-judicial killings
range from assassinations of activists or journalists to police encounters
where suspects are allegedly killed in self-defence. These incidents are
particularly contentious in countries with weak governance or societal divisions.
Addressing extra-judicial killings requires robust legal frameworks, effective
oversight mechanisms, respect for human rights, and accountability for state
actors, ensuring adherence to lawful procedures and upholding justice and the
rule of law in democratic societies.
Bottom of Form
Causes of Extra-Judicial Killings in India:
The causes of extra-judicial killings in India are
multifaceted and arise from a combination of systemic, institutional,
socio-political, and cultural factors. Here are some of the key causes:
Rapid Results over Due Process:
- Speed Over Procedure: Encounters are often seen as a shortcut to
achieve quick results. Due process, which involves investigation, arrest,
prosecution, and trial, can be lengthy and resource-intensive. In
contrast, encounters provide an immediate, albeit extra-judicial,
resolution.
- Public Perception: The public may view encounters as a
demonstration of swift justice, especially when they lose faith in the
judiciary's ability to deliver timely verdicts. This perception can
bolster the police’s image as effective enforcers of law and order, even
if the encounters bypass legal procedures.
- Positive re-enforcement - In society,
these officers who carry out such killings are often hailed as heroes
because the public perceives these actions as effective measures to
cleanse society of criminal elements.
Resource Constraints:
- Lack of Resources: Police forces may face resource constraints,
including personnel shortages, inadequate training, or insufficient
investigative tools. Encounters, being more immediate, can be seen as a
more practical approach under such limitations.
- Avoiding the Burden of Investigation: Proper investigation and legal
prosecution require significant effort, documentation, and time.
Encounters circumvent this burden, providing a quick fix to ongoing
criminal activities.
Political and Public Pressure:
- Pressure for Results: Police often face immense pressure from the
government and the public to control crime rates. High-profile encounters
can serve as a demonstration of the police taking decisive action.
- Political Backing: In some cases, political leaders may support or
even encourage encounters to showcase their commitment to law and order,
thereby gaining public favour and votes.
Creating a Deterrent Effect:
- Fear as a Tool: Encounters can be used to instil fear among criminals.
The logic is that potential criminals will be deterred by the threat of
being killed in an encounter rather than facing a lengthy judicial
process.
- Public Assurance: Such actions can reassure the public that the police
are actively working to ensure their safety, thereby maintaining social
order and reducing panic.
Addressing these underlying causes requires comprehensive reforms
across multiple fronts, including strengthening police training and
accountability mechanisms, enhancing judicial oversight, promoting human rights
education and awareness, and fostering a culture of respect for the rule of law
and due process. Efforts to combat extra-judicial killings must prioritize
systemic reforms that uphold constitutional guarantees and protect the rights
of all individuals within India's diverse society.
Legal and Constitutional Framework of Extra-Judicial Killings
in India:
The legal and constitutional framework surrounding extra-judicial
killings in India is governed by several key laws, constitutional provisions,
and judicial interpretations aimed at safeguarding fundamental rights and
ensuring accountability. Here are the main components:
- Constitutional Guarantees:
- Right to Life and Personal Liberty: Article 21 of the
Constitution of India guarantees the right to life and personal liberty
to all persons, including protection against arbitrary deprivation of
life. This fundamental right forms the bedrock of legal protections
against extra-judicial killings.
- Criminal Procedure Code:
- The Criminal Procedure Code provides the procedural
framework for law enforcement actions, including arrests, detention, and
investigation. It mandates that arrests must be made strictly according
to legal provisions and with respect to the rights of the accused.
- Indian Penal Code (IPC):
- Relevant provisions of the IPC, such as Section 302
(murder) and Section 304 (culpable homicide not amounting to murder),
define the legal consequences for causing death unlawfully. These
provisions are crucial in prosecuting cases of extra-judicial killings.
- Police Acts and Regulations:
- Each state in India has its own Police Act and
regulations that govern the conduct, responsibilities, and accountability
of police officers. These acts typically include provisions related to
the use of force, arrest procedures, and disciplinary measures for
misconduct.
- Judicial Oversight:
- The judiciary plays a vital role in interpreting
constitutional rights and ensuring adherence to legal standards. Courts
have consistently emphasized that any use of force by law enforcement
must be proportionate to the threat posed and compliant with
constitutional guarantees.
- National Human Rights Commission (NHRC):
- The NHRC is mandated to investigate complaints of human
rights violations, including cases of extra-judicial killings. It serves
as an independent oversight body tasked with ensuring that state actions
comply with constitutional and human rights norms.
- International Human Rights Obligations:
- India is a signatory to various international human rights
treaties and conventions that impose obligations on the state to protect
and uphold human rights, including the right to life and prohibition of
torture or cruel, inhuman, or degrading treatment.
Challenges within this legal
framework often include gaps in enforcement, weak accountability mechanisms,
and instances of impunity for perpetrators of extra-judicial killings. Efforts
to address these challenges require robust reforms, including strengthening
judicial oversight, enhancing police training on human rights and legal
procedures, improving accountability mechanisms, and promoting a culture of
respect for constitutional rights and the rule of law.
While India has a comprehensive legal
and constitutional framework aimed at protecting citizens' rights and
preventing extra-judicial killings, effective implementation and enforcement
remain critical to ensure adherence to these principles in practice. Continued
efforts are necessary to uphold human rights, strengthen accountability, prevent
abuses of power by state actors, and safeguard the rights of all individuals.
Extra-Judicial Killings Judicial Response and Current
Trends:
Encounter killings, which began with Alluri Sitarama Raju in the
1920s, were systematized in Hyderabad and Andhra Pradesh after independence.
During the Telangana movement, these actions led to around 3000 deaths being
justified. By the 1960s, encounter killings had become an accepted practice
despite violating constitutional rights, particularly the right to life and due
process. On January 11, 1982, Manya Surve, a gangster, was shot dead by
police officers Raja Tambat and Isaque Bagwan in Mumbai's Wadala area, marking
the city's first recognized encounter killing. Over the next two decades,
police carried out about 1,200 similar operations. The officers involved gained
fame as 'encounter specialists,' becoming prominent figures in India's public
consciousness.
Several leading cases in India have addressed the issue of
extra-judicial killings, each contributing to the legal framework, judicial
scrutiny, and public discourse on this critical human rights issue. Here are
some prominent cases along with their critical analysis and recent trends:
1. People's
Union for Civil Liberties (PUCL) vs. State of Maharashtra (2014)
The PUCL vs. State of Maharashtra case challenged the legality of
police encounters in Maharashtra, highlighting concerns about staged killings
and lack of accountability. The Supreme Court emphasized the right to life
under Article 21 of the Constitution and issued guidelines for preventing
misuse of power in such encounters. It mandated independent inquiries, stricter
oversight, and accountability measures for police involved in encounters. This
landmark case set important precedents for judicial oversight and
accountability in cases of extrajudicial killings, reaffirming the judiciary's
role in upholding constitutional rights and ensuring lawful conduct by law
enforcement. Subsequently, there has been increased judicial scrutiny of
encounter killings nationwide, with courts actively reviewing police actions,
ordering thorough investigations, and ensuring adherence to legal standards.
2. Extra-Judicial
Execution Victim Families Association (EEVFAM) vs. Union of India (2016)
The case EEVFAM vs. Union of India
addressed allegations of extra-judicial killings by security forces in Manipur
under the Armed Forces (Special Powers) Act (AFSPA). It focused on
accountability for human rights violations and ruled that every encounter death
in Manipur must be independently investigated. The Supreme Court criticized the
excessive use of force and lack of accountability under AFSPA, emphasizing the
importance of judicial oversight and accountability. This case highlighted the
tension between security imperatives and human rights in AFSPA-affected
regions, affirming the judiciary's role in preventing abuse and impunity. It
spurred discussions on the need for AFSPA reforms and increased scrutiny of
security force operations in conflict zones, contributing to ongoing debates on
balancing security concerns with human rights protection.
Further in 2019, the Hyderabad encounter, where four rape-murder
accused were killed by police during an alleged escape, sparked controversy. A
Supreme Court-appointed committee deemed the encounter deliberate, questioning
the police's self-defence claim and recommending action against 10 officers.
This incident raised concerns about extrajudicial killings and police
accountability in India, dividing public opinion. Similarly, the 2020 killing
of gangster Vikas Dubey by Uttar Pradesh police during a disputed escape
attempt highlighted extra-judicial killings and police accountability.
Suspicions arose of execution rather than lawful arrest, revealing potential
collusion between politicians, criminals, and law enforcement, underscoring the
need for justice system reforms.
In summary, these cases illustrate the evolving legal framework and
judicial responses to extra-judicial killings in India. While there have been
significant strides in judicial scrutiny and accountability, ongoing efforts
are necessary to address systemic challenges, promote reforms, and uphold human
rights standards across law enforcement practices.
Recent Trends and Challenges:
·
Increased Judicial
Activism: There has been a trend of judicial
activism in scrutinizing state actions and ensuring accountability in cases of
extra-judicial killings. Courts have intervened to protect constitutional rights
and uphold legal standards.
·
Public Awareness and
Advocacy: Civil society organizations, human
rights groups, and media scrutiny have contributed to raising awareness and
advocating for reforms to prevent extra-judicial killings and ensure justice
for victims.
·
Legislative Reforms: Calls for legislative reforms to strengthen legal protections,
enhance accountability mechanisms, and align domestic laws with international
human rights standards continue to be debated.
·
Challenges: Despite judicial interventions and reforms, challenges persist,
including delays in investigations, institutional resistance to accountability
measures, and gaps in implementation of court directives.
Impact of Extra Judicial Killings in India:
Negative Impacts:
- Loss of Life: The most immediate and severe outcome is the death of
innocent people. Police using excessive force or fabricated evidence can
kill individuals who have committed no crimes, causing profound grief and
trauma to their families and communities.
- Violation of Human Rights: Extra-judicial killings
infringe on fundamental human rights, including the right to life, a fair
trial, and due process. These actions bypass the judicial system,
undermining the rule of law and establishing dangerous precedents.
- Damage to Public Trust: When police engage in fake
encounters, it erodes public confidence in law enforcement. This mistrust
can lead to increased hostility toward the police and reluctance to
cooperate with them in investigations.
- Increase in Crime: A lack of public trust in the police can lead to
decreased cooperation from citizens, making it harder for law enforcement
to solve crimes. This can result in more criminal activities and a decline
in public safety.
- Rise of a Retributive Society: Such incidents can incite
feelings of revenge against society, the government, and the police,
contributing to the emergence of new criminals and perpetuating a cycle of
violence and retribution.
Positive Impacts:
- Deterrence of Crime: Proponents argue that the fear of extrajudicial
action can deter potential criminals from engaging in unlawful activities.
The perceived speed and severity of such measures might act as a strong
deterrent.
- Quick Resolution: In some cases, extra-judicial actions are seen as a way
to bypass the slow judicial process and deliver swift justice, which might
be viewed as effective in high-pressure or emergency situations where the
legal process is perceived to be insufficient.
- Boost in Law Enforcement Morale: Some law enforcement officers
might feel empowered by the ability to take decisive action without the
constraints of the judicial process. This can temporarily boost morale and
provide a sense of immediate accomplishment.
- Public Perception of Safety: In areas with high crime rates,
some segments of the population might feel a temporary sense of increased
safety and justice being served when they perceive that criminals are
being dealt with swiftly.
Extra-Judicial Killings: International Perspective
India's approach to extrajudicial killings differs significantly
from many other countries, especially developed nations with robust legal
systems and human rights protections. In countries like the United States and the
United Kingdom, extrajudicial killings are rare due to strict adherence to
legal procedures, strong judicial oversight, and comprehensive accountability
mechanisms for law enforcement agencies. These countries prioritize due
process, ensuring suspects are afforded their legal rights and any use of force
is strictly regulated and justified.
In contrast, India faces challenges with extrajudicial killings due
to systemic issues such as political interference, corruption, and inadequate
accountability mechanisms within law enforcement. The prevalence of encounters
and custodial deaths highlights deficiencies in legal frameworks and
enforcement practices, leading to concerns over human rights violations and
erosion of trust in the justice system. International comparisons underscore
the need for India to strengthen its legal safeguards, enhance police training
and accountability, and uphold constitutional rights to align with global
standards of justice and respect for human dignity. Addressing these
disparities requires comprehensive reforms aimed at promoting transparency,
accountability, and adherence to the rule of law in law enforcement practices.
Recommendations:
Strengthen Judicial Independence and
Capacity:
- Judicial Reform: Enhance the capacity of the judiciary to handle cases
efficiently and independently. This includes increasing the number of
judges, improving infrastructure, and reducing backlog to ensure timely
justice.
- Training and Awareness: Provide continuous training to
judges on human rights principles, due process, and the prohibition of
extrajudicial killings. Foster a culture of judicial independence free
from political or external influence.
Enhance Police Training and
Professionalism:
- Human Rights Education: Integrate comprehensive human
rights education into police training curriculum. Emphasize ethical
policing, respect for human dignity, and lawful methods of investigation
and arrest.
- Skill Development: Equip police personnel with effective
communication skills, conflict resolution techniques, and non-lethal
methods of handling suspects to minimize the use of force.
Establish Robust Accountability
Mechanisms:
- Independent Oversight: Create independent oversight bodies with the
authority to investigate complaints of police misconduct and extrajudicial
killings. Ensure these bodies are transparent, impartial, and have powers
to recommend prosecution.
- Prosecutorial Accountability: Hold accountable all
individuals involved in extra-judicial killings, irrespective of rank or
position. Ensure prosecutions are pursued vigorously and impartially.
Review and Reform Legal Framework:
- Legislative Reforms: Review laws like the Armed Forces Special Powers
Act (AFSPA) and the Code of Criminal Procedure to align with international
human rights standards. Introduce safeguards against misuse of powers and
provisions that encourage impunity.
- Prohibition of Torture: Enact legislation explicitly
prohibiting torture and ensuring that forced confessions are inadmissible
in court. Strengthen procedural safeguards to prevent abuse during
custodial interrogation.
Promote Media Freedom and Civil Society
Engagement:
- Press Freedom: Safeguard media freedom to report independently on law
enforcement activities and cases of extra-judicial killings. Encourage
investigative journalism to expose abuses and hold authorities
accountable.
- Civil Society Participation: Encourage civil society
organizations to monitor and report on human rights violations. Support
their role in advocating for legal reforms, raising awareness, and
providing support to victims.
Public Awareness and Education:
- Human Rights Education: Implement educational programs
in schools and communities to promote awareness of human rights,
constitutional protections, and the importance of due process.
- Community Policing Initiatives: Foster trust between police and
communities through community policing initiatives. Encourage dialogue,
cooperation, and mutual respect to reduce tensions and prevent extra-judicial
actions.
International Standards Compliance:
- International Commitments: Fulfil obligations under
international human rights treaties and conventions, including the
International Covenant on Civil and Political Rights (ICCPR). Align
domestic laws and practices with international standards to protect
citizens' rights universally recognized.
Addressing extra-judicial killings
requires a comprehensive approach that involves legislative reforms, judicial
strengthening, rigorous training for law enforcement, accountability
mechanisms, adherence to international norms, and safeguarding media freedom.
These recommendations aim to establish a framework where human rights are
protected, and justice is served through lawful means, fostering trust in the
justice system and promoting a culture of respect for human dignity.
Conclusion:
The issue of extra-judicial killings in India represents a
significant challenge to its democratic principles and rule of law. Stemming
from a complex interplay of factors including systemic inefficiencies, societal
pressures, and institutional failures, these killings not only violate
fundamental rights but also erode public trust in law enforcement and judicial
integrity. Despite constitutional safeguards and international human rights
standards, instances of extra-judicial killings persist, often under the guise
of maintaining law and order or combating crime.
To address this grave issue, concerted efforts are needed across
multiple fronts. Strengthening the judicial system to ensure swift and
impartial justice, enhancing police training in human rights and ethical conduct,
and establishing robust accountability mechanisms are imperative steps.
Reforming outdated laws such as the Armed Forces Special Powers Act (AFSPA) and
ensuring their alignment with international standards is crucial to prevent
impunity and ensure justice for victims. Moreover, fostering a culture of
respect for human rights and promoting media freedom are essential to hold
authorities accountable and raise public awareness about the consequences of
extra-judicial actions. Civil society engagement and international scrutiny can
also play pivotal roles in pressuring for reforms and monitoring progress.
Ultimately, ending extra-judicial killings requires a sustained
commitment from all stakeholders—government, judiciary, law enforcement, civil
society, and the public. By upholding constitutional values, respecting human
dignity, and enforcing the rule of law uniformly, India can overcome this
challenge and reaffirm its commitment to justice, human rights, and democratic
governance.
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