EXTRA JUDICIAL KILLING AND THE HUMAN RIGHTS OF THE CRIMINAL IN INDIA

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Police encounters are the violation of the human rights of the person who is actually until not proven guilty cannot be called as offender or criminal. Sometimes it is being reported and acknowledged that it is faked also. So what is that law which allows our executor to take law in their hands? If we will see minutely it is a direct encroachment of the executor on the judiciary. If the executor will perform all the functions of the judiciary the there is no use of the criminal justice system in India, all the decisions of the punishment and releasing of any person would be taken by the executor, it is a grave violation of fundamental rights enshrined under the Constitution of India. So the power exercised by the executor in case of the police encounter is a grave violation and a direct encroachment over the human rights as well as the fundamental rights of the criminal. As our constitution of India protects the rights of the convicted as well as the person in the preventive detention and this police encounters are the direct violation of the human rights of the criminals. In India we are taking care of the human rights of a brutal killer like Kasaab but we are not thinking about the human rights of our own nationals. This extra judicial killing and fake encounters are the ugly face of our developing nation. In our country there is no any specific act or legislation which deals with the police encounter, but there are many other provisions that define the protection in regard with this act. The Indian Penal Code defines sections which provide the protection in case of private defence. Right to life is an inherent right of every person.

Section 97 of the Indian Penal code defines Right of private defence, this protection provides in case where an action of assaulting criminals or offenders whose may reasonably cause the apprehension of death or grievous hurt to himself or to any other person, this section enables the use of force in self defense. So the action taken by the police is fully protected by the law.

Section 100 further explains the various conditions where a person in exercise his right of private defense of the body may take an extreme step of causing death of the person but defence can only be taken against a person who is involved in an act which endangers the life or property of a person against whom force is being used.

 

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