Law and Order: The Dilemma of Courtroom Justice vs. Extra-Legal Enforcement
The recent incidents in Uttar Pradesh and Hyderabad highlight a widespread phenomenon in India where the extra-judicial authority of law enforcement is taking precedence over the established judicial system. Let's delve into the concerns and implications of this issue, focusing specifically on the encounter killings that have eroded public trust in the justice delivery system.
Context and Background
The term “encounter” used in popular slang refers to incidents where law enforcement officials engage with alleged criminals in a manner that often leads to fatal outcomes. These extra-judicial killings raise serious questions about the distrust in the capability of the justice delivery system, stemming from deep-rooted issues such as corruption, inefficient legal processes, and low conviction rates.
Take, for instance, the Disha Encounter that took place in Hyderabad, where police killed five rapists shortly after their apprehension. This prompted public jubilation, yet it also underscores the diminished trust in the justice system.
The Disha Encounter: A Case in Point
The case of the Disha Encounter in Hyderabad, where two police officers were killed along with a witness, has brought into stark relief the unlawful and unconstitutional nature of encounter killings. In this particular incident, if the police had only targeted the accused and left the witnesses alone, the situation might have been different. However, the clear message conveyed by the authorities was that any interruption to law enforcement would not be tolerated, demonstrating a pattern of extra-judicial violence.
Root Causes and Consequences
The haste and violence associated with encounter killings can be traced to a multitude of factors. Firstly, the corruption and inefficiency in the legal system, combined with the political interference and sub-standard forensic and interrogation techniques, create an environment ripe for extra-judicial solutions. Secondly, the poor training and equipment provided to police officers, further exacerbate the trust deficit, leading to the use of unconstitutional methods.
Moreover, the over-qualification of police and judges, coupled with low per capita incomes, leads to a significant backlog of cases. The median per capita income in India, approximately USD 2K, is far from sufficient to address these structural issues, making a long-term solution only achievable in the 30-40 year horizon.
The Consequences of Unconstitutional Solutions
While spare use of encounter killings may be justified for career criminals, relying on such extra-judicial solutions for repeated offenses can have devastating consequences. For instance, the Disha Encounter and similar incidents highlight that people are not deterred by the extrajudicial actions of the police; rather, they become further alienated from the law and justice system.
The widespread use of colonial and illegal third-degree interrogation methods also contributes to the erosion of trust in law enforcement. Many times, innocent individuals are coerced into false confessions, which often lead to legal reversals. Such practices are counterproductive and undermine the credibility of the justice system.
Towards Reform: A Long and Steady Path
Addressing the root causes of the trust deficit in law enforcement is a complex and arduous task. Reforms in police training, equipment, and witness protection are crucial. Additionally, boosting per capita incomes to improve economic conditions would help alleviate some of the pressure on the legal system. However, the task is long-term and requires consistent and sustained efforts.
The government must be committed to enforcing the rule of law and respecting constitutional safeguards. Citizen engagement and awareness are also vital in ensuring that the rights and protections of citizens are upheld. While reforms are underway, the public must remain vigilant and advocate for better practices.
Ultimately, extra-judicial actions should never be the norm. The rule of law and respect for constitutional rights are paramount in a mature democracy. The legal system must be strengthened, and the trust between law enforcement and the public must be rebuilt through transparent and just practices.