Ending Encounter Justice: A Constitutional Imperative for Reform
The persistent issue of extrajudicial killings, often termed "encounter justice," continues to undermine the foundational principles of the rule of law in India. A recent opinion piece from the Allahabad High Court has brought this critical matter back into sharp focus, highlighting how such actions subvert established legal frameworks without facing meaningful consequences. This discussion underscores the urgent need for systemic reform, positioning it not merely as a policy adjustment but as a constitutional choice essential for upholding justice and democratic values.
The Subversion of Legal Rules Without Accountability
Extrajudicial killings, where individuals are killed by law enforcement or other authorities outside judicial processes, represent a direct challenge to the legal system. These incidents often occur in contexts where suspects are alleged to be involved in serious crimes, but bypassing due process erodes public trust and sets dangerous precedents. The Allahabad High Court opinion emphasizes that this practice allows rules to be flouted with impunity, creating a culture where accountability is sidelined. Without proper investigations, trials, or oversight, such acts can lead to miscarriages of justice, violating fundamental rights enshrined in the Constitution.
Constitutional Reform as a Necessary Pathway
Reforming the mechanisms that permit or tolerate encounter justice is framed as a constitutional imperative. The opinion piece argues that the choice to pursue reform is not optional but a duty rooted in the Constitution's commitment to justice, equality, and the protection of life and liberty. This involves strengthening legal safeguards, ensuring independent investigations into alleged encounters, and holding perpetrators accountable through transparent judicial processes. By aligning law enforcement practices with constitutional mandates, India can move towards a system where the rule of law prevails over arbitrary actions.
Implications for Justice and Democratic Governance
The consequences of failing to address encounter justice extend beyond individual cases to the broader health of democracy. When state actors operate outside legal boundaries, it weakens institutions and fosters a climate of fear and injustice. The Allahabad High Court's perspective calls for a renewed commitment to constitutional principles, urging policymakers, judiciary, and civil society to collaborate on reforms. This includes enhancing training for law enforcement, promoting human rights awareness, and leveraging judicial oversight to prevent abuses. Ultimately, ending encounter justice is vital for restoring faith in the legal system and ensuring that justice is served through lawful means, not through extrajudicial shortcuts.
