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Fake Encounters: A Comparative Study Of India, Iran And USA




Divyajot Kaur Bhasin, LLM, Amity Law School, Amity University, Punjab


ABSTRACT


Fake encounters also known as extrajudicial killings, are one of the most debatable aspects of contemporary policing and state authority. They befall when law enforcement organisations deliberately assassinate suspects without adherence to the precise legal procedures and then proclaim that the occurrence was a self-defence or an armed skirmish. Despite the strong condemnation of such practices by the International Human Rights law the reports of extrajudicial killings still continue to be surfaced in a number of jurisdictions globally. This study scrutinizes the spectacle of fake encounters by comparing India, Iran and the United State of America and also aims at analysing the key case studies, legal rulings, legal frameworks governing the usage of lethal force, and accountability systems in the above-mentioned countries. Iran has often faced severe criticism for state-approved extrajudicial accomplishments in the context of political suppression and law enforcement, while India has been accused of staged encounters and judicial intrusions to stop them. Despite functioning under a constitutional framework that restricts the use of fatal force by police; racial bias and police shootings continue to persist in the United States of America. The study draws attention to the parallels and inconsistencies in legal regulation, accountability edifices, and human rights insinuations through comparative analysis. In order to restrict the practice of extrajudicial killings and to improve the democratic governance, the study's conclusion lays stress upon the implication of the Rule of Law, autonomous investigations, and recommended institutional reforms.


Keywords: Fake encounters; Extra-judicial killings; Rule of Law; Unlawful killings; Law enforcement agencies.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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