Extra judicial killings

An extrajudicial killing is the killing of a person by governmental authorities without the sanction of law. There have been allegations and instances of judicial killings by the police and the armed forces in India.

This has raised serious concerns in handling extrajudicial killings in India, which include

lacunae in government’s approach:

♤ Inadequate investigation of extrajudicial killing due to absence of an independent body to investigate such complaints.

♤ Limited success of NHRC as guidelines outlined by NHRC are often not implemented by the government.

♤ Doctrines of sovereign and official immunity which protect officials: Legal barriers for the prosecution of public servants, including the requirement for ‘prior sanction’ from the government.

♤ Failure of government to ratify UN Convention against Torture and the International Convention for the Protection of All Persons from Enforced Disappearances.

♤ Lack of adequate compensation system for the families of victims of extrajudicial killings.

♤ Low conviction rates and lack of transparency regarding internal disciplinary hearings in armed forces. Judicial delays also make conviction difficult at times.

♤ AFSPA takes away some accountability on part of public officials in the national interest.