People & Their Problems
New Delhi, 14 December 2019
Encounter Killing
IS IT JUSTIFIED?
By Dr. Oishee Mukherjee
The killings of four persons in Hyderabad allegedly accused of rape once
again point to organized violence of the State. Such counter killings are not
at all healthy from the judicial point as these are indications of unfettered
violence which should not be allowed to continue in a democratic society. Obviously,
details of the encounter raise suspicions about the role of the police force
keen to absolve itself of the charges of initial inaction, levelled by the
murdered woman’s family.
Undoubtedly, such encounter killings may have their genesis in bumping
off Maoists. The violence of this ultra Left group was mostly manifest in such
killings, especially in Andhra Pradesh, West Bengal, Bihar and Jharkhand. But
Mahatma Gandhi would have condemned resorting to such violence by the State in
a democratic polity.
Though rape needs to be condemned in the strongest possible terms, the
euphoria across the country has not considered the methodology in tackling such
a menace. Rights groups aptly gave vent to their outrage that the suspects
never got a chance to face trial and accused the police of acting like a lynch
mob. Some accepted that the national celebratory mood owed to the growing
lawlessness in the country and the perceived failure of the judicial system in
punishing criminals.
Meanwhile, former Law Minister Ashwani Kumar, expressed concerns about
the killing. Observing, “Coming as the killings do in the wake of repeated
cases of torture and custodial deaths, necessary questions about the abuse of
power by the armed constabulary of the State cannot be brushed aside any
longer. Consistent with the libertarian and dignitarian conscience of the Republic,
we need to put in place foolproof mechanisms to ensure that the exercise of
power by the guardians of people’s liberties is tamed by Constitutional
discipline”.
Kumar rightly pointed out that in a Constitutional democracy we need a
muscular State which owes no apology to Constitutional constraints. The
question of our failure to dispense prompt justice and the long delays in
settling cases are also quite relevant in this context and needs to be
seriously examined. Indeed, it is quite distressing that we have encouraged
lynch justice as just due process of bringing criminals to justice.
Undoubtedly, such crimes deserve harshest punishment but there is no
justification for extra-judicial killings as these are a deterrent to the
Constitution. Not only jurists but also a former BSF Director General and the
National Human Rights Commission (NHRC) have condemned these killings and laid
down guidelines to investigate police encounters.
In fact, the Supreme Court pointed out that extra-judicial killings required
a thorough probe by an independent agency to ensure fairness along-with a perception
of fairness. There is no dearth of laws or precedents, including from the ApexCourt
giving extensive guidelines to alleviate the plight of victims of sexual abuse.
Questionably, why has such arbitrary action being taken? Are we not
moving towards a grim future for the rule of law in the country?
Already the NHRC has sent a team to probe the killings as it found ‘deaths
in custody’ were a matter of serious concern. It is also expected that a CBI
probe may be announced shortly. But what is necessary is that broad guidelines
be framed regarding such killings and action against police officers taken for
such violation.
Besides, Opposition leaders are asserting that India was fast developing
as a “rape capital of the world” as such incidents are occurring daily in
different parts of the country with the Government being virtually a silent
spectator. Different forms of crime are accentuating day-by-day, especially
against women and young girls.
Records point to children continuously facing the brunt of sexual
offences. Shockingly, over 166,000
pending rape cases are registered under the Protection of Children Against
Sexual Offences. Though the POSCO Act, provides that pending rape cases should
be disposed within a year, this has yet to be implemented even as the Law Ministry
is seriously looking into the matter. However, as things stand now, it would
indeed be difficult to accomplish this task within 2020-21.
However, surprisingly, the lackadaisical attitude of those in authority
has had little effect in curbing rape cases though rape laws were amended in
post Nirbhaya case in 2013. How much effect has vigilantism of women’s rights
groups, protests and awareness generation, though mainly in cities, has this
had in our present-day society?
One positive thing is that more and more cases against sexual violence,
trafficking and rape are being reported despite poor and impoverished sections
still being afraid of registering cases due to police officers indifference and
reluctance. Notwithstanding, Section 166A of IPC which makes it an offence for
a police officer to refuse to register an FIR in cases of acid attacks, rapes
or even outraging the modesty of a woman.
Moreover the upper echelons of society, who mostly commit such crimes
have power and wealth to purchase the police and the lower judiciary. It is
also fact that abuse of dominant position by persons in authority, fiduciary
has been increasing though it was made a separate offence. Although nothing is
known of the Hyderabad killings, it may be that wrong people were gunned down
and the real rapists are still at large.
The increase in crimes, particularly those relating to girls and
children in so-called ‘modern’ society must have a solid reason. Clearly, the
lust for power and money as also poverty and deprivation in the rural and
backward regions of the country are the broad reasons for this state of
affairs. This increase of lust has been an offshoot of the materialist culture
pervading our society. Increase corruption of our political leaders and
reflection of this in films has added to the problem.
Undeniably, changing our attitude, considering the present social
structure of society, is a very difficult proposition. The young generation
residing in cities are mostly pampered. Also, socio-religious attitude is
missing amongst them. It is surprising that though education levels have spread
especially among girls they have not been able to successfully withstand crimes
against them.
How will this change and whether it will change, remains to be seen. But
civil society has to be more vigilant country-wide and woman police personnel
should come forward to help the opposite sex. But the onus is on politicians
who must try to implement justice and not just go for extra-judicial killings.
Meanwhile it is heartening to know that the Law Minister has decided to
write to all State Chief Ministers and Chief Justices to complete investigation
into rape cases and those registered under the POSCO Act. ----- INFA
(Copyright, India
News & Feature Alliance)
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