The Rise In Encounters And Extra-Judicial Killings In India

Extrajudicial killings, commonly referred to as “encounters” in India, have been a persistent issue within the country’s law enforcement practices. These incidents, where police or security forces kill individuals without judicial oversight, have raised significant human rights concerns. The rise in such encounters, particularly in recent years, necessitates a thorough investigation into their causes, frequency, and impact on society and the rule of law.

HISTORICAL CONTEXT EVOLUTION OF ENCOUNTERS IN INDIA 

Encounters in India can be traced back to the colonial era when British authorities used force to suppress dissent. Post-independence, this practice persisted, especially in insurgency-hit regions like Punjab, Jammu Kashmir, and the Northeastern states. The 1980s and 1990s saw a notable increase in encounters, often justified as necessary for maintaining law and order.^[1]

LEGAL FRAMEWORK:- 

The legal framework governing the use of force by law enforcement in India includes provisions from the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and various Supreme Court guidelines. Despite these, the lack of stringent accountability mechanisms has often led to misuse of power by law enforcement agencies.^[2]

RISE IN ENCOUNTERS STATISTICAL ANALYSIS 2010-2020:-  

According to the National Human Rights Commission (NHRC), there has been a significant rise in the number of encounters reported across India from 2010 to 2020. The data indicates a worrying trend of increased use of lethal force by police and security forces, particularly in states like Uttar Pradesh, Maharashtra, and Telangana.^[3]

CASE STUDIES:-

UTTAR PRADESH 

Under the tenure of Chief Minister Yogi Adityanath, Uttar Pradesh has witnessed a marked rise in police encounters. Between March 2017 and August 2020, over 3,000 encounters were reported, resulting in the deaths of more than

100 alleged criminals. The state government has defended these incidents as necessary measures for ensuring public safety but has also drawn sharp criticism from human rights organizations.^[4]

 TELANGANA

The infamous Disha case in Telangana, where four accused were killed in a police encounter in December 2019, sparked nationwide debate. While many lauded the police for swift justice, others condemned it as a blatant act of extrajudicial killing, bypassing the judicial process.^[5]

FACTORS CONTRIBUTING TO THE RISE OF ENCOUNTERS AND EXTRA-JUDICIAL KILLINGS:- 

 1. POLITICAL PATRONAGE AND PUBLIC SUPPORT:- 

Political support for “tough on crime” approaches has emboldened law enforcement agencies to engage in encounters. Public perception often favors such actions, viewing them as effective in maintaining law and order, which further encourages the practice

2. LACK OF ACCOUNTABILITY:-  

The absence of robust mechanisms to hold police accountable for extrajudicial actions contributes significantly to the prevalence of encounters. Investigations, when conducted, are often perfunctory, leading to a culture of impunity.

3. JUDICIAL OVERSIGHT:- 

While the Supreme Court has laid down guidelines in the PUCL vs. State of Maharashtra case (2014) to curb fake encounters, implementation remains inconsistent. Judicial reluctance to strictly enforce these guidelines has allowed the practice to continue unchecked.

HUMAN RIGHTS IMPLICATIONS:- 

 1.VIOLATION OF FUNDAMENTAL RIGHTS:-

 Extrajudicial killings represent a severe violation of fundamental rights enshrined in the Indian Constitution, particularly the right to life and personal liberty under Article 21. These actions undermine the rule of law and erode public trust in the justice system.

2. IMPACT ON SOCIETY:-  

The normalization of encounters fosters a culture of violence and fear, deterring individuals from seeking justice. It also disproportionately affects marginalized communities, exacerbating social inequalities.

RECOMMENDATIONS:- 

 1. STRENGTHENING LEGAL FRAMEWORKS:- 

Revising existing laws to include stringent penalties for extrajudicial actions and ensuring rigorous enforcement can deter law enforcement agencies from resorting to encounters.

2. ENHANCING ACCOUNTABILITY MECHANISMS:- 

Establishing independent oversight bodies with the power to investigate and prosecute cases of police misconduct can improve accountability. Regular training for law enforcement on human rights and legal standards is also crucial.

 3. JUDICIAL REFORMS:- 

      Implementing comprehensive judicial reforms to ensure timely and fair trials, and strict adherence to Supreme Court guidelines, can prevent the bypassing of the judicial process through encounters.

CONCLUSION:- 

The rise in encounters and extrajudicial killings in India is a multifaceted issue that demands urgent attention from all stakeholders. Ensuring accountability, strengthening legal frameworks, and fostering a culture of respect for human rights are essential steps towards addressing this grave issue. Upholding the rule of law and protecting fundamental rights should remain paramount in any democratic society.

 [1] National Human Rights Commission. “Annual Report 2019-2020.” NHRC, Government of India, 2020

[2] Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.

[3] Public Union for Civil Liberties v. State of Maharashtra, Supreme Court of India, 2014.

[4] Press Trust of India. “Over 3,000 encounters in UP since March 2017: Police.” The Times of India, August 2020.

[5] BBC News. “Hyderabad rape case: Indian police kill suspects in custody.” BBC, December