Thin Line Between Policing and Human Rights

The recent encounter in Bahraich, Uttar Pradesh, has once again drawn sharp public attention to the issue of police encounters, reopening debates that often surface when such events occur. In this particular instance, a video released by the Uttar Pradesh police shows a wounded suspect confessing his involvement in a crime while pleading with the police. This video adds a layer of complexity to the discourse, offering a rare glimpse of the moments after the encounter and before medical attention was provided. Despite such evidence, criticism has erupted from various quarters, underscoring the deeply polarizing nature of police encounters.

At the core of the issue lies the challenging nature of police work, which is inherently complex and often thankless. Law enforcement officers are tasked with protecting society from a range of criminal elements—be they terrorists, left-wing extremists, or perpetrators of violent crimes, including those against women. In a high-stakes environment where any wrong decision can cost lives, the police are constantly walking a tightrope. As the recent Bahraich case shows, their actions are frequently scrutinized, and the public response is far from uniform.

The SIT (Special Investigation Team) chief made a pointed remark, asking what people expect the police to do when criminals point weapons at them. This question highlights a deeper moral and ethical dilemma: Should law enforcement always be expected to exercise restraint, even in the face of an imminent threat? The chief’s statement echoes the sentiments of many officers, including myself, who often find themselves in life-or-death situations, balancing the duty to protect the public with the right to self-defense. This dilemma is especially relevant when considering that four of the five suspects in the Bahraich incident survived the exchange of gunfire, though the prime accused succumbed to his injuries.

At the heart of the controversy surrounding encounters is the question of human rights. Critics often argue that extrajudicial killings violate the basic rights of suspects, pointing out that the right to life and due process must be upheld, even for individuals accused of heinous crimes. Human rights groups consistently challenge the legality of encounters, alleging that they sometimes mask staged killings or abuses of power.

Bahraich Encounter: बहराइच में एनकाउंटर के बाद जुमे की नमाज आज, हाई अलर्ट  घोषित, भारी पुलिस फोर्स की तैनाती - News18 हिंदी

Yet, the counter-argument—that police officers are human beings who have the right to defend themselves—is equally important. The criticism of encounters often overlooks the real dangers that law enforcement officers face on a daily basis. Encounters, especially those involving heavily armed criminals or extremists, pose serious risks to police personnel, many of whom have lost their lives in the line of duty. In such instances, the police, like any other citizen, should be entitled to act in self-defense when their lives are threatened.

The delicate balance between ensuring justice for criminals and protecting the lives of law enforcement officers is difficult to strike. The Bahraich encounter demonstrates this tension. While four of the suspects were apprehended alive and could face due process, the death of the prime accused has provoked accusations of police overreach. Critics, especially those from opposition ranks, are quick to frame the issue as a human rights violation, without fully appreciating the hazardous nature of the police’s work.

It is important to note that police encounters occupy a legal gray area, where the lines between justified action and excess can blur. According to established law, the police have the right to use force when confronted with armed criminals, but that force must be proportional to the threat posed. In practice, however, determining what constitutes “proportional force” can be highly subjective, depending on the circumstances of each incident.

This ambiguity fuels ongoing debates about police accountability. While encounters are not illegal per se, they often raise questions about the transparency of investigations into such incidents. The establishment of Special Investigation Teams (SITs) is intended to provide an impartial inquiry into police actions, but trust in these processes is often undermined by public suspicion of bias or corruption within the system. The SIT’s role in probing the Bahraich encounter, therefore, becomes crucial in determining whether the use of force was justified or excessive.

The media’s role in shaping public perception of encounters cannot be ignored. Sensationalism often dominates coverage of these incidents, leading to polarized views. On the one hand, there are portrayals of the police as heroic protectors of society, engaged in valiant efforts to rid the streets of dangerous criminals. On the other, the police are depicted as reckless and trigger-happy, operating outside the bounds of the law.

This binary framing oversimplifies a complex issue, ignoring the nuances of each encounter. In the Bahraich case, the release of video footage showing the suspect’s confession adds a layer of transparency, but it does not eliminate the broader concerns about the possibility of extrajudicial actions. Public opinion, influenced by these portrayals, oscillates between support for the police and calls for stricter oversight of their actions.

The debate around police encounters demands a more nuanced approach. Instead of framing the issue as a simple case of right versus wrong, or police versus criminals, there needs to be a recognition of the inherent complexities involved in law enforcement. Encounters often occur in extreme situations where officers have mere seconds to make decisions that could mean the difference between life and death—for both themselves and the suspects involved.

At the same time, I feel it is essential that encounters are thoroughly investigated, with the findings made public to ensure accountability. Human rights concerns should not be dismissed, but neither should the rights of police officers to defend themselves in dangerous situations. Only through a balanced and fair examination of these issues can society hope to reconcile the need for security with the imperative to uphold justice.

In this context, while the Bahraich encounter has once again sparked controversy, it is crucial to view such incidents within the broader framework of the challenges faced by law enforcement. Criticism of encounters should be tempered with an understanding of the risks police officers face. The solution lies in strengthening both police accountability and their ability to protect themselves. To achieve this, we may need fast-track courts, especially given the well-known burdens and complexities of the country’s existing judicial system.

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