History of Extra-Judicial Killings in India

There are ever-increasing cases of extra-judicial killings in India. But what is most intriguing about these extra-judicial killings is the implicit political and social normalisation. It is reported that the majority of people who die in these encounters are Adivasis, Dalits and Muslims, i.e., minorities. It can be viewed as a big con of the criminal justice system in India. Let’s dig deeper into the subject and understand the history of extra-judicial killings in India.

What Are Extra-Judicial Killings?

When a person is killed by governmental authorities without any judicial judgement or hearing on the person’s case, it is referred to as extra-judicial killing. It is also known as encounter killing or extralegal killing in India. It is often reported that mostly Adivasis, Dalits, Muslims and other minority groups are the victims of such encounters.

History of Extra-Judicial Killings in India

Let’s talk about the history of extra-judicial killings in India. The Indian subcontinent has witnessed lots of events in the past that evolved into the present scenario of encounter killing. Ancient Hindu texts like Manusmriti provide insights into the earlier Indian criminal law arrangement. The Manu-Smriti dictates that torture is essential for avoiding crimes and ensuring peace in society. The Indian kings followed the old system and used torture to unravel the truth or solve crimes. In the presence of Mughal rulers, the Mohammedan principle of an ‘eye for an eye’ was followed. After the Mughals, the British rulers in India also accepted torture as a means of interrogation of the accused. 

In the modern day, the Indian police continue to use torture and humiliation as a means of interrogation even though the Indian judiciary is based upon the “innocent until proven guilty” rule. Sometimes these killings occur due to self-defence protocols followed by the police. In case of a shoot-out, if the police are being shot at by the perpetrator(s), the police have the right to shoot back in self-defence (according to section 100 of the Indian Penal Code). But sometimes, the police also misuse this provision to stage fake encounters. These extra-judicial killings were also used in the past to neutralise dangerous goons and figures from terrorist organisations.

The Reason for Extra-judicial Killings

The reason for extra-judicial killings and it’s increasing cases can be because of many reasons:

1. Political support: Sometimes, Indian political leaders show off their state encounter numbers as their state police’s achievement in maintaining peace in the region.
2. Public support: The public sometimes supports these encounter killings because they think that the judiciary will not be able to make a timely judgement.
3. Work pressure: As soon as a crime is committed the police need to work towards solving it. In India, there are approximately 150 police officers per 1,00,000 people, so the police are often overworked. 
4. Ineffective organisations: The State Human Rights Commission (SHRC) and the National Human Rights Commission (NHRC) are not as effective as they should be in criticising the killings.
5. Rewards: The encounter killers are rewarded with cash prizes, awards and incentives to conduct the kills.
6. Hero worshipping: Sometimes the public view the encounter killers as heroes who are punishing criminals. Bollywood films idolise extra-judicial killings by making the hero commit an encounter and call it justice. 

Encounter Law in India

There is no specific encounter law in India. But there are certain situations described by the Indian Penal Code in which a civilian or a government entity can take another person’s life. The law allows the state authorities to kill another person during an investigation only when it’s a matter of self-defence. There are provisions in the Indian Penal Code citing the same. 

In the Indian Penal Code (IPC), section 100 notes that a person can take another person’s life only in the following situations:

• If the assault lead to another death otherwise or a very serious injury as a consequence.
• If the assault is carried out with the intent of rape, satisfying unnatural lust, or kidnapping.
• If the assault is carried out with the intent of wrongfully trapping a person, where he cannot seek the help of public authorities for his liberation.

The Supreme Court of India has also laid down a 16 point guideline as a standard protocol to be followed in the event of a death by extra-judicial killing. Some of the guidelines include prompt action, FIR registration, independent investigation etc. The National Human Rights Commission (NHRC) has also laid down strict guidelines that government officials must follow in the case of extra-judicial killing.

Conclusion

The Government of India is under a legal obligation to protect the life of every citizen. When government officials kill people without any legal proceedings, it is called extra-judicial killings. There has been a long history of extra-Judicial killings in India conducted to unravel the truth or deliver justice. Extra-judicial killings often receive public and political support. These encounter killings must be investigated independently to determine whether it was conducted lawfully or was a misuse of power.