Legitimacy Of Extrajudicial Killings: A Cause Célèbre

Dr. Anuradha Girme, Assistant Professor at New Law College, Bharati Vidyapeeth, Pune.

Kirti Kapoor, LLM, New Law College, Bharati Vidyapeeth, Pune.

“Peace is not merely a distant goal that we seek, but a means by which we arrive at that goal” - Martin Luther King Jr.

ABSTRACT

Extrajudicial Killings are premediated and purposive homicide which is conducted in absence of lawful authority backed by the due process of law. There is no judicial process conducted to determine the execution of the accused in such cases. India has seen uncountable instances of extrajudicial killing in the form of custodial deaths, mob lunching, honor killing, police encounter, or any other outbreak of targeted aggression which is not accounted for by lawful authority.

Presently, there is no specific legislation in the country which governs extrajudicial killings but, various provisions of Indian Penal Code and Criminal Procedure Code may be interpreted with the purpose of prohibiting and punishing perpetrators. With this backdrop, the National Human Rights Commission of India issued a distinct set of guidelines on this issue in 1997; revised in 2010. The most problematic aspect is the public sanction attached to such killings. There is less faith in the judicial process and more inclination towards instant justice in cases which involve grave crimes opposing social morals. Although, there exists an apparent sense of legitimacy when it is given the guise of deterrent and retributive type of punishment yet it is a grave violation of human rights. It offers no voice to the accused and thus, often leads to death of a wrongfully charged person. This process goes against the very fiber of natural justice in a civilized society.

Hence, this particular research has been duly conducted in order to understand the factors and consequences related to extrajudicial killings along with suggestions of alternate mechanisms and processes which may strengthen the trust of the public in the justice served by following due course of law.

Keywords: Police Encounter; Extrajudicial Killing; Mob lynching.