Friedrich-Naumann-Stiftung für die Freiheit - Tamil Nadu State Government abides by NHRC Guideline on Encounter Killing [Druckversion]
Tamil Nadu State Government abides by NHRC Guideline on Encounter Killing
Victims Meeting
Amidst growing concern regarding frequent "encounter killings" a local expression meaning "extra judicial killings" happening in the Sate of Tamil Nadu in India, it is inspiring to observe that the Government of the State of Tamil Nadu has come up with a recent circular issued to all the District Collectors and the Superintendents of Police directing them to strictly adhere to the guidelines based on the "Revised Guidelines/Procedures to be followed in dealing with deaths occurring in encounter" issued on December 12, 2003 by the National Human Rights Commission (NHRC) of India.
National Assessement Meeting
Additionally, the government has warned that failure to adhere to the new guidelines in letter and spirit would be viewed ‘seriously’ and the concerned district authorities would be held solely responsible for non-compliance. People’s Watch views this development as an accomplishment which it has been vehemently campaigning for ever since the initiation of the National Project of Prevention of Torture in India (NPPT).
People’s Watch has all along voiced its anxiety regarding such incidents and more so after taking up the National Project on Preventing Torture (NPPT) in India collaboration with the Friedrich Naumann Stiftung (FNSt) and European Union. It has always been of the opinion that ‘encounters deaths’ without justification, accountability and transparency and caused by law enforcement officials are one of the most heinous forms of human rights violations by the State. Courts and various commissions including the NHRC have dealt with this aspect time and again. And NHRC’s effort in evolving the aforementioned guidelines has been the most comprehensive one in this direction. The essence of the guidelines is a mandatory independent enquiry by an Executive Magistrate into the matter and to recommend for awards, rewards, out of turn promotions to the officials concerned only after the genuineness of the ‘encounter’ is ascertained beyond doubt. In spite of the fact that the NHRC guidelines were issued to all the States and Union Territories, they hardly received serious attention from any of them and have been reduced to mere scribbling on a paper till date.
With the initiation of NPPT, People’s Watch has advocated it on numerous occasions in the nine different states where it implements this project - be it in the training programmes for law enforcement officials, judges, lawyers, political parties or in awareness building programmes for the general public or on public platforms. The guidelines were referred, discussed and circulated to enhance their familiarity.
Making a pledge 'Say No to Torture' led by Shri Godda Raghuram, Honourable Judge, High Court, Andhar Pradesh
Encounters have become synonymous with crime control by the law enforcement officials in India today. They have been zealously upheld by many law enforcement officials as an effective way to eliminate rowdies and hardened criminals. It has been used alike against causal offenders, innocent people, human rights defenders and whoever possesses any threat towards the extra judicial processes employed the police. Whoever might be the victim, “encounters” have definitely belied the judicial process and the Fundamental Rights enshrined in the Constitution of India. Even the term “encounter” has been coined very strategically to be used as a euphemism to extrajudicial, summary or arbitrary executions. We cannot afford to keep our fingers crossed to accept the processes which are far from being to be termed as “legal”. In such a situation, of course, the direction of the State Government can definitely be termed as an achievement not to canvass ourselves for the cause but the shake of the common man of the State of Tamil Nadu. We look forward optimistically to make the Central Government to come up with similar direction so that the democracy guaranteed to the citizens of the nation is not reduced to virtual promises. The mission is far from being over but certainly it is an important step towards it.
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