A detailed study on Extrajudicial Killing and Human Rights

Author: Kumar Raj Dubey

Abstract

As human beings, Initially we have an animal-like mentality and observance. So we are living in caves and forests. Subsequently we do not approach life, liberty and property, only derive our lives on the blessing of forest and finding something out from natural resources. Thereafter we found the fire. And everything changed interconnectivity. After that they understand there must be security of life and property and people surrender their life and property to the authority who will secure the people from all causes and fear. Then the inception of “the state” emerged. The state has the obligation to secure the life of the person but nowadays we can find out that the State authority is not following the rule of law and security of the person and death of the person occurred extra judicial killing of a people’s. .

Historical Background

It is rule of state responsibility to duty under the the law of the state and the some of the rights are given to the the responsibility under the national law and international law it is well deserved that’s the people are surrender their rights that’s mean the state would be secure their life any other means from natural or a natural mechanical procedure. Ancient peoples did not have the same modern-day conception of universal human rights.The true of human-rights discourse was the concept of natural rights which appeared as part of the medieval natural law tradition that became prominent during the European Enlightenment. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. 17th-century English philosopher John Locke discussed natural rights in his work, identifying them as being “life, liberty, and estate (property)”, and argued that such fundamental rights could not be surrendered in the social contract. The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. (Report by the Director General for the International Labour Conference 87th Session) The United Nations Charter 1948, which has played important roles in the human rights movement however did not define the fundamental freedom and human rights but it is observed that the instrument as to the general assembly on December 10 1948. There are more than 90 International instruments adopted by the United Nations since the inception of the protection of these rights. The growing independence of Nations and changes in the law of the land is imperative development of the International Law as well as the human rights law. The declaration of Congress of Paris in 1814 in the favour of freedom of the navigation on the the universe in the following the declaration of Paris 1856 on the law of the maritime welfare that is a beginning of the British by the Human Rights were recognised in enable rights are generally by the treaties as to the custom and inscriptions from the human rights. The rights of the state have the recourse to use the force and establish the peaceful ment of the society to protect their life. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948 Preamble. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, The people should be treated according to the principals, values and inherent dignity of the equal and inalienable rights. That is a right of life in dignity of the person should be recognised by the authority. The ” inalienable” means no one is competent to take away these rights. By the authorities concerned the state made the police authorities for the security of the person, and the Judiciary will protect their rights including life. But the people, become extremely more interested towards the fact of the memorial and they become furious whenever they got the information about the person was killed by the police authorities. What is Extra Judicial Killing Extrajudicial killings happen when someone in an official position deliberately kills a person without any legal process. Such arbitrary deprivations of life, which can also be carried out by militias, death squads or other non-State actors, often target political opponents, activists, or marginalized groups. This is credible points of the law established by donation is Supreme law of the land given the circumstances when the Killing of a person or capital punishment is recognised by the states and this recognition was totally approved by the law. As we know in the Maneka Gandhi case , Justice Bhagwati, again dealing with Article 21, held that the “procedure established by law” in Article 21 had to be read as a procedure which was just, fair and reasonable. Otherwise a procedure which provided for a cruel and unusual punishment, like cutting off a hand for theft, would still have the imprimatur of Article 21.The law will provide the procedure for killing or taking away a person’s life. The natural law understands by the fiction that life is given by God and God has only the rights to take away life; no one shall be allowed to take another life. The procedure established by law is said that if someone’s life is taken away then there is no liability on the state. But the police authorities took away the life of the person by the investigation procedure for integrated integration during the sean. Creating the crime scene and killing the person it is not appropriate for the state to recognise the life and take away the life by the authority is totally disregarded. Article 5, of UDHR (Universal Declaration of Human Rights, 1948 hereinafter referred as the UDHR ) No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, gives the impression of equality in treatment of people and underlying the perspective that the person shall be treated equally. But whenever the extra judicial killing was held that means this Article 5 was totally violated and the security is taken away by the same authority who has the responsibility of checking them out from stoppage. Article 8 of UDHR, Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law, this is provided that the dictionary approaches the fundamental principles of the land. That Article 9 of UDHR, No one shall be subjected to arbitrary arrest, detention or exile. This provision clearly stated that the even though the arbitrary arrest was not recognise that how is it possible to take another the life person during the custody or investigation or integration this is total in human things is going on in house paternity and is also awarded by the states is totally invalid situations is given and here Hero like images are created to the specialist as a encounter or taking over the life of the person. This is further recognised by Article 12 of UDHR, No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Some Defences against the Extra Judicial Killing

From the instructions of society we could understand that the life of the person is very important and it is only established according to the rule of law not the violation of rule of law. Whereas sometimes the Muslim law recognise that the rule of eye to eye it’s very complicated to the understood as to the human rights as well as the Manusmriti and others are also talking about corporal punishment and taking away of life maybe taken away if the person is kill the cow and Brahmin. After all the regards. We can just imagine that the situation described is right. The people are totally not secure from these situations to do that their life or protected by the society that society can interchangeably become the authority to protect the peoples and people’s life property and liberty. But according to the jurisprudential approach they are calculating as to the vote hedonistic calculation and given the approach Tu point of time solution. The political situations and some of the crimes are definitely would be emphasized to the society as to this is very hilarious crime and take revenge from those criminal minds .But the other jurisprudential approach are saying that the law of application and law in the black and white is totally different because when we are going for the applying the law that would not specific for the society. An emergence of society only for the protection of the person’s life.

What will be the next steps

For the future we have to follow the rule of law as well as the action of arbitrariness of the authority is not to be supported and scrutinized but should be legal, just, fair not to persons requirements. Political scenery is also responsible for giving the Justice by the Killing of the person and extra judicial killing was satisfied by this aspect too. Some more defence is available for the police authorities or investigating authority. There are some of the crimes really connected to the people and they are shocked by this type of development within the criminal justice system and criminal sociology. We could not satisfy that by taking the law in hand and taking revenge from those who are to be try. This is a very specific situation is that regarding to the material fact the protection of police and protection of persons are contradictory to each other at the same moment and the most of the accused was given by the police authority at the same time is that on the the crime scene for during the travel or create the situations when accused was furious and wanted to run away, ludicrous situation, thereafter shootout started two people were injured and the accused was killed in the the protection of life under the the section 96 of Indian Penal Code 1860. The Constitution of India intended for India to be a country governed by the rule of law.As per the rule of law, the Constitution is the supreme power in the land and the legislative and the executive derive their authority from the constitution. There is a procedure prescribed by the law for criminal investigation which is embedded in the Constitution under Article 21 as the Right to Life and Personal Liberty. So that the extra judicial killing should be reinvestigated by the supervision of a judicial officer by the retired judicial officer committee.

Conclusion

The extra judicial killing and approach of the Human Rights law was totally contradictory to each other. The Human Rights wanted to the people will come law and the society would respect the personal liberty at the same time there may be the authority of the State will also observed the rule of law. So no one has the capability to return the life of the deceased person as the Human Rights Commission for society understood and demanding the stoppage of capital punishment as well as extrajudicial killings. That is the supervise the law and ask him to the country for the interest of society.

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