Extra Judicial Killing In Democratic System: A Critical Study With Reference To Executive Activism And Human Rights
- IJLLR Journal
- Apr 15, 2024
- 2 min read
Sathvik Reddy Sudireddy, BA LLB (H), Amity Law School, Noida, Delhi NCR
Dr Meenu Sharma, Assistant Professor, Amity Law School, Noida
ABSTRACT:
When the South Asian countries of India became an independent country on 15 August 1947, leaders sought to establish a democratic society that promoted the enforcement of law and the human rights of the people. For this purpose, they included a broad definition in the 1950 Constitution of India1, including the recognition of the administration of a fundamental right. But almost seventy-five years after independence, we see that the promise of democratic independence has been shattered. Human rights are frequently violated as executions are used as a convenient way to maintain power. The murder of a political prisoner; killing of civilians through unjust attacks on villages; Killing of soldiers in battle; Every death is an assassination attempt.
Life is the first and most important existence of man. Without life, no other law can control it. Unlawful killing is a violation of this law and occurs when government officials deliberately (or without consent) kill people without a prior decision that provides all due judicial process, such as a fair and just process. States must promote and protect the right to life and prosecute those who violate this right. Unfortunately, the United Nations reports that countries are increasingly committing “genocide,” mostly in response to terrorist threats. There is a growing need to combat the practice of killing people abroad.
In this article, we talk about the constant killing of suspects in cases involving the actions of authorities, which brought to light a reconsideration of the importance of human rights and the role of the judiciary in terms of inference. In fairness, it is time to redraw the boundaries of the process regarding the treatment of defendants and their rights. International law also prohibits the right to life, including the killing of civilians. This principle is recognized in all major human rights treaties and is enshrined in international law as jus cogens, an inalienable right.
