Understanding Encounter Killings by Indian Police

Encounter killings by Indian police have been a contentious issue in the country, with opinions divided on their legality and morality. While some argue that such killings are necessary to maintain law and order, others see them as violating human rights and due process. 

In this context, it becomes imperative to understand what encounter killings are, the circumstances that lead to their occurrence, and their implications on society and the rule of law. This article aims to provide a comprehensive insight into encounter killings by Indian police and their various aspects.

What is Encounter? Is it Legal?

In the context of law enforcement, an "encounter" typically refers to a situation where the police or other security forces engage in a confrontation with suspected criminals or militants, often resulting in their death. Such encounters are also known as "shootouts" or "police killings."

The legality of encounters is a subject of much debate and controversy. In India, for instance, the Supreme Court has held that encounters can be justified only in cases of self-defense or where the use of force is necessary to prevent the escape of a dangerous criminal. However, encounter killings have often been criticized for being staged or involving extrajudicial executions of innocent individuals.

In general, encounters are not considered a legitimate form of law enforcement as they bypass the legal process and deny suspects their right to a fair trial. It is important to note that the use of force by law enforcement agencies is regulated by laws and procedures to ensure that it is proportional, necessary, and justified. Any violation of these laws and procedures may be deemed illegal and subject to investigation and prosecution.

Statistics Related to Encounter Killings in India

Encounter killings have been a controversial issue in India since the late 20th century, with a high frequency of such killings by police in cities like Mumbai, Chennai, Kolkata, and Ghaziabad. Some of these killings have been deemed as 'fake encounters' created by police as opportunities to kill suspects, resulting in widespread criticism.

According to the National Human Rights Commission (NHRC) of India, there have been many cases of alleged fake encounters between 2002 and 2008, with states like Uttar Pradesh, Rajasthan, Maharashtra, Delhi, Andhra Pradesh, and Uttarakhand having a high number of cases. 

Similarly, between October 2009 and February 2013, there were 555 cases of alleged fake encounters, with states like Uttar Pradesh, Manipur, Assam, West Bengal, and Jharkhand having a high number of cases.

These statistics highlight the scale of the issue of encounter killings in India and the need for transparency, accountability, and effective communication in law enforcement to address this issue. By promoting a more peaceful society, we can reduce crime, improve community safety, and promote social cohesion.

The Legal Framework Governing Police Use of Force in India

The use of force by police officials is regulated by a set of laws, guidelines, and standard operating procedures, including the Indian Penal Code, Criminal Procedure Code, the Police Act, and various other laws and regulations.

Under these laws, police officials are authorized to use force when it is necessary to maintain public order and safety or to apprehend suspects. However, the use of force must be proportionate to the threat posed by the suspect and must be carried out lawfully and ethically.

Reasons Behind Encounter Killings

1. Need for swift justice

In India, the criminal justice system is often criticized for being slow and ineffective. Cases can take years or even decades to be resolved, leaving victims and their families waiting for justice. This can lead to frustration among the public, who may feel that the legal system is failing them.

In addition, some criminals may exploit the delays and loopholes in the legal system to escape punishment. This can create a sense of impunity, where criminals feel they can get away with their crimes.

In this context, some people may view encounter killings as a means of delivering swift justice. Encounter killings bypass the legal process and allow suspected criminals to be eliminated quickly without the need for a trial. This can be seen as a way to punish criminals more effectively and deter others from committing crimes.

2. Corruption and lack of resources

Police officials are often underpaid and overworked, which can make them more vulnerable to corrupt practices. They may feel compelled to supplement their income through bribery, extortion, or other illegal means. This can compromise their integrity and erode public trust in law enforcement.

In addition to corruption, the lack of resources is a major challenge faced by law enforcement agencies in India. Police officials may not have access to basic equipment such as vehicles, communication devices, or weapons, which can hamper their ability to effectively carry out their duties. This can lead to frustration and desperation among police officials, who may resort to shortcuts or other unscrupulous means to get the job done.

3. Police brutality and abuse of power

Police brutality and abuse of power are other factors that can contribute to encountering killings. In some cases, police officials may use excessive force, torture, or coercion to extract confessions or information from suspects. This can result in suspects being killed or injured during the interrogation process.

4. Pressure to show results and meet targets

Police officials often are under pressure to meet targets for solving crimes or cracking down on illegal activities, such as drug trafficking, organized crime, or terrorism.

This pressure can create a sense of urgency and a desire for quick results, which can result in shortcuts being taken. This can include framing innocent people or using excessive force to extract confessions or information from suspects. In some cases, suspects may be killed to show that the police are taking effective action against crime.

However, taking such shortcuts can lead to the violation of human rights and the miscarriage of justice. It can also damage the reputation of the police and erode public trust in law enforcement.

5. Lack of proper training and accountability

Lack of proper training and accountability can contribute to encountering killings in India. Police officials who are not adequately trained to handle high-pressure situations may resort to the use of force, resulting in a loss of life, sometimes innocent ones.

The lack of accountability mechanisms can also make it difficult to hold police officials responsible for any excesses committed during encounters. When there is a lack of transparency and oversight, it can lead to the abuse of power and the violation of human rights.

Proper training is crucial to ensure that police officials have the necessary skills, knowledge, and expertise to handle high-pressure situations professionally. Training should focus on the appropriate use of force, investigative techniques, and human rights standards. This can help to reduce the use of force and ensure that encounters are conducted lawfully and ethically.

6. Self-defence

Finally, self-defense can be a legitimate reason for engaging in encounter killings. In situations where police officials are under attack or facing imminent danger, the use of force may be necessary to protect themselves and others.

Encounter Killings Impact on Society

1. Violation of human rights

Encounter killings can result in the violation of several human rights, such as the right to life, liberty, and security of the person; the right to a fair trial; and the right to be free from torture, cruel, inhumane, and degrading treatment or punishment. These rights are enshrined in the Indian Constitution and various international human rights instruments, and any violation of these rights is illegal and subject to investigation and prosecution.

2. Erosion of public trust in law enforcement

When police officials are seen as resorting to violence and extrajudicial killings, it can create a perception that the police are not following the law and do not have the best interests of the public in mind. This can lead to a loss of confidence in law enforcement and may make individuals less likely to cooperate with the police or report crimes.

3. Justice system

The justice system is designed to ensure that individuals are held accountable for their actions fairly and impartially. When encounter killings occur, they bypass this system, and individuals are denied the opportunity to defend themselves in court.

Moreover, encounter killings can lead to the acquittal of guilty persons, as the evidence gathered during the encounter may not be admissible in court. This can undermine the credibility of the courts and the rule of law and create a sense of cynicism and distrust among the public.

Furthermore, the lack of transparency and accountability in encounters can make it difficult to determine the legality of the encounter and can result in cases of police misconduct going unpunished. 

4. Risk of perpetuating a culture of violence and impunity

When encounter killings are seen as an acceptable means of dealing with crime, it can create a sense of impunity, where police officials are not held accountable for their actions. This can further perpetuate a culture of violence, where individuals are more likely to resort to violence as a means of resolving disputes or achieving their goals.

The culture of violence and impunity can have long-term and far-reaching consequences for society. It can lead to increased levels of violence, social unrest, and a breakdown of law and order. It can also make it more difficult to address other forms of violence, such as domestic violence or violence against marginalized communities.

Some Famous Encounter Killings in India

1. Asad Ahmed Encounter Case

Jailed gangster Atiq Ahmed's son Asad was shot in an encounter by the Uttar Pradesh police in Jhansi on 13th April, 2023. He was wanted in the Umesh Pal murder case. His co-accused Ghulam was also shot dead. A reward of Rs 5 lakh was decided for both Asad and Ghulam. Asad Ahmed was captured by a CCTV camera during the attack on Pal and he has been on the run since then. The UP police said that a team of 12 officers led by 2 DSP-rank officers carried out the operation and a total of 42 rounds were fired at Babina Road in Jhansi.

2. Ishrat Jahan Encounter Case

Ishrat Jahan, a 19-year-old college student, was killed in an encounter in 2004 in Gujarat. The Gujarat police claimed that Jahan was a member of Lashkar-e-Taiba, a terrorist organization, and was killed in self-defense. However, an investigation by the CBI found that the encounter was staged and that Jahan and three others were killed in cold blood. In 2019, a special CBI court discharged the accused in the case, citing a lack of evidence.

2. Chhota Rajan Encounter Case

Chhota Rajan, a gangster, and alleged terrorist were arrested in Indonesia in 2015 and extradited to India. He was later sentenced to life imprisonment in several cases, including the murder of journalist Jyotirmoy Dey. However, in 2018, Rajan alleged that he was being tortured by the Mumbai police and that they were planning to kill him in a staged encounter. The Bombay High Court ordered an investigation into the allegations, but no evidence of a planned encounter was found.

3. Batla House Encounter Case

In 2008, Delhi police conducted an encounter at Batla House in Delhi, claiming that the people they killed were terrorists involved in the 2008 Delhi bombings. However, the encounter was controversial, with allegations of police misconduct and extrajudicial killings. The NHRC investigated the encounter and found that it was genuine and that the police had acted in self-defense.

4. Vikas Dubey Encounter Case

Uttar Pradesh's gangster Vikas Dubey was shot dead in an encounter back in 2020. He was accused of the killing of 8 policemen in Kanpur. According to the Uttar Pradesh Police, a special task force was assigned to bring him back from Ujjain to Kanpur when the vehicle toppled and he attempted to flee. Police also said that Dubey also fired at the police when he was fleeing.

5. Karnataka Rape Case Encounter

In 2019, 4 men were accused of raping and murdering a 25-year-old woman who was a veterinarian by profession. These 4 men were shot dead in an encounter by the Telangana Police in Hyderabad. The police said that the accused snatched weapons from them and shots were fired. When they were trying to escape, the police fired in retaliation in which the 4 died.

Conclusion

The reasons behind encountering killings are complex and multifaceted, including the need for swift justice, corruption, lack of resources, police brutality, pressure to show results, lack of proper training, and self-defense. However, these factors cannot justify the use of extrajudicial killings as a means of resolving disputes or achieving goals.

Ultimately, encounter killings cannot be seen as an acceptable means of dealing with crime or resolving disputes in a democratic society governed by the rule of law. It is crucial to ensure that all individuals are held accountable for their actions and that the legal process is followed in all cases. By upholding the rule of law and due process, it can help to strengthen the justice system, promote social cohesion, reduce crime, and improve community safety.

References for Statistics:

https://www.newindianexpress.com/opinions/2011/aug/11/sohrabuddin-interrogating-the-media-280391.html

https://www.indiatoday.in/india/north/story/fake-encounters-congress-ruled-states-narendra-modi-gujarat-169150-2013-07-03

About The Author:

Adv. Anmol Sharma is a distinguished lawyer, renowned for his confidence and innovative problem-solving techniques. With a steadfast commitment to justice, he is dedicated to serving society by ensuring justice is delivered to those who deserve it. His extensive experience includes serving as a Legal Researcher under the Hon’ble Judges of the Delhi High Court, where he honed his legal acumen. Additionally, Adv. Sharma has sharpened his skills through rigorous practice in the Supreme Court of India, the High Court of Delhi, and various district courts, making him a formidable force in the legal fraternity.