UPSC » UPSC CSE Study Materials » General Awareness » Study About Encounter Killings: Can the Extrajudicial Killings be justified?

Study About Encounter Killings: Can the Extrajudicial Killings be justified?

Article 21 of the Constitution of India says that encounter killings are a type of crime that puts both societies and public spaces at risk. This encounter-killing policy applies to dangerous people like terrorists, gangsters, the most wanted criminals, and people whose violent and disastrous explosions hurt the country and its people.

In cases of murders that don’t follow the law, the police meet these people, who are thought to be criminals. In these cases, the police catch the criminal for the crimes that caused harm to the public and the country. In the 20th century, it was common for criminals to kill each other when they ran into each other by chance. When used in this way, “extrajudicial killings or encounter the alleged criminals” means that the government is carrying out a legal operation to reduce the number of violent criminals who threaten society. The government gives the police force tools just as good as the military. The police or the military may treat a criminal who has been shot or stabbed for self-defence and find out what happened.

Experiencing Murder in India

  • As a result of the rising prevalence of unusual and lethal forms of crime in India, encounter killings are becoming more widespread
  • Countries such as Iraq, Pakistan, Afghanistan, Nigeria, Syria, Yemen, and 17 other nations, have implemented rules that allow for the execution of citizens in the event of societal damage or public injury
  • There are fewer reported encounter incidents in Nepal, Bhutan, and Myanmar (Burma).
  • The nations in this area prioritise punishment for progress above the concept of retribution for the dead
  • According to recent reports, Indian inspectors Daya Nayak and Pradeep Sharma have both been involved in incidents involving homicide

List of the Indian Police Encountering the Alleged Criminals

India’s National Human Rights Commission (NHRC) says that in the last five years, there have been an unusually high number of encounter killings in the state of Uttar Pradesh (UP). In neighbouring states like Maharashtra, Rajasthan, Delhi, and Chhattisgarh, fewer cases have been reported than in Uttar Pradesh.

As a result of the states taking control of cities like Mumbai, Chennai, Kolkata, and Ghaziabad, encounter killings are much more likely to happen there.

The National Human Rights Commission says there were many made-up cases involving “encounters.” There are about 440 interactions that might not be what they seem to be.

Encounter Cases in Uttar Pradesh

One of the states in our nation that has seen a significant improvement is Uttar Pradesh. One of the states that make our country rich in history and culture is Uttar Pradesh. However, throughout the last five or six years, there have been incidents in which individuals have been murdered in confrontations. People affiliated with the Bharatiya Janata Party (BJP), one of the political parties in power in India and police officials have been known to be murdered in states where the BJP is in control. The Uttar Pradesh Police justified the shooting, but sadly, at least 3,301 persons considered criminals were harmed in 8,473 encounters, and numerous police officials were also hurt. The Uttar Pradesh Police defended the shooting.

How Did the Encounter Killings Start?

The main goal of the encounter killings, also called “encounters of the accused criminals,” is to show how much power the police have over potentially dangerous criminals. This is done to protect political, judicial, and public assets and people and members of the public.

The Indian government is in charge of the encounter killings, a legal process. This operation is meant to help criminals who have been killed without a court order. Extrajudicial killing is a killing that is against the law and happens in public places, causing harm and problems for the people there. Section 300 of the Indian Penal Code says that killing someone without their permission is against the law. This is a type of murder. So, the government planned an operation to get rid of criminals in the cities in case the number of murders that didn’t follow the law kept going up.

Can Extrajudicial Killings Be Justified?

Yes, murders outside the legal system might be appropriate in specific cases, such as self-defence, defending people and clergy, etc. A police officer may shoot or fight to protect himself from the criminal. When police are safeguarding people or ministers, they might also run across criminals.

Conclusion

Overall, encounter killings may be appropriate for society if done in self-defence or to keep people and clergy safe. Otherwise, murders that don’t respect the law are not permissible in a community with laws. It’s important to distinguish between “the power of firearms” and “the power of the law.” The law always provides a criminal with a chance to reform. According to the fundamental principles of humans, even violent criminals will have the opportunity to be good.

If the offender cannot repent, they will face further penalties such as a lengthy period in prison.

faq

Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

What are encounter killings?

Answer. Using encounter killings, the government prevents police from defending themselves against dangerous criminals who harm people, celebrities...Read full

What is murdering outside a court?

Answer. Extrajudicial killing is when someone is murdered without a court order, and it is wrong and harms people when it occurs in public. Accordi...Read full

Can murder that don't happen in court be justified?

Answer. Yes, murder without a court order may be justified if it keeps the police, the public, or the ministry safe....Read full

Should there be other means to punish homicides that don't obey the law?

Answer. Yes, there are alternatives to just identifying and hanging the offender.