Police encounters can’t be ruled out completely. It may take place at the time of nabbing a dreaded criminal. It may also happen when a criminal tries to escape from the custody of the police. In such encounters both the police and criminals may be injured. But police encounters are not the rule, they are the exceptions.
What are the duties and responsibilities of the police? To provide security and safety to the citizens and bring the lawbreakers to justice. It is the duty of the police to maintain law and order. However, while discharging their duties the police have to follow the principles of law. They cannot act arbitrarily. So in short controlling crime, investigating criminal activities and bringing charges against the accused under various provisions of law. But under no circumstances police can act as judges. That authority is not given to them. Even whatever charges they bring against the alleged criminals must also be examined and decided by a court of law. Then how come police encounters are regularly happening in Assam now? Only yesterday such a thing had happened in Udalguri.
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This time it was a case of mistaken identity. What a barbarity! However, encounter killings are not a new thing in India. Our country has witnessed enough of them in recent decades almost in every state. Once it was rampant in Punjab. Many youths became the victims of police encounters in Punjab in the name of controlling terrorist activities in the late eighties.
Even Assam was infamous for secret killings in the early nineties. That was the time when encounter killings were let loose by the state in the name of controlling terrorist activities. Now it is being encouraged in the name of containing criminal activities. It is true that of late we have been witnessing some of the most gruesome crimes in Assam. Maybe that is why a section of ordinary citizens has also supported some of these encounter incidents thinking that it would work as a deterrent to crime. But this is wrong. This is an omnibus sign of lawlessness.
What is expected of police? They must control crime. They must take all necessary caution and preventative measures for this. What have we seen in Assam today? Has the state not turned into a den of criminals? Every day new incidents of crimes are coming to light. And the police have miserably failed in preventing them. Again, once a criminal is nabbed it is the responsibility of the police to investigate the crime. And on the basis of the investigation, they are to frame the criminal on specific charges so that he/she can be punished accordingly. But the police cannot judge the crimes and meet the punishment of a criminal. That is not their work. That is the responsibility of the court. No, they cannot kill a criminal by way of an encounter. This is against the rule of law. Another thing to be noted here is the fleeing of the criminals from the custody of the police. How could it happen, so easily and simply? What is the mystery? Should we not make the concerned police personnel accountable for the lapse on their part?
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Let us now see who are the victims of these frequent police encounters. The general impression is that the victims are mostly people belonging to the religious minority. But that is just the impression. The government and the media are trying to do that. But if we probe carefully we shall come to know that besides the religious minority, particularly the Miyas the victims also belong to tribals and other marginalised communities who are economically and socially disadvantaged.
Here we must note that three disturbing things are happening in Assam presently. They are encounter killings, child marriage and eviction. All three have mostly affected these marginalised people. The judiciary has clearly said that police encounters, the mass arrest of people accused of child marriage and indiscriminate evictions without following the guidelines of the Supreme Court are against the rule of law. But who cares for rule of law when it comes to the religious minority and other marginalised communities in society? Do they enjoy equal rights and dignity in a society like the others? But if we don’t speak out for them now this anarchy and lawlessness will soon intensify and engulf all of us. Should we be waiting for that?