characterised them as “not only important and relevant, but lying at the
heart of the doctrine that welfare of an individual must yield to that of the
community.” In some of the cases of fake encounters however, there was
not much on record, even to establish the criminal past of those killed.13
The negative impact of such cases is the impression it creates that all
encounters in which police and security forces are involved, are fake. Society
needs to be reassured that the majority of encounters are genuine and
mostly in response to murderous attacks on security personnel. The fact
that, on average, over 1,200 policemen get killed every year grappling with
terrorists, insurgents, underworld mafia and other anti-social elements,
bears ample testimony to this fact. The other downside of such incidents is
that it erodes the people’s trust in governance. Administrations begin to be
seen as instruments of repression and self-aggrandisement and politicians
as perceived as manipulating their power for political and personal gains.
This erosion can lead to a dangerous de legitimisation of the polity.
The need to work only within the parameters set by Rule of law while
dealing with encounters has therefore, to be strongly reflected in the police
actions.
The National Human Rights Commission has considered the issue and in
order to verify whether the law has been upheld, it recommended a
procedure to be followed in the cases of encounter deaths by all the States/
UTs in the country. The Guidelines were conveyed to all the States/UTs in
1997, those were further revised in 2003. After a careful consideration of
the whole matter, the Commission had recently revised the procedure, in
May 2010 to be followed by the States/UTs, in case of deaths during the
course of police action. The revised guidelines of NHRC are contained in
Chapter Three of the Manual.
IV. Handcuffing
Handcuffs are used frequently during transportation of prisoners from
the jail to court, of accused from the site of the alleged crime to the police
station or to court, and from the jail/police station to the hospital. During
these movements, the use of handcuffs is supposed to be the exception,
not the rule.
13
Complicated encounters–Doval, Ajit Kumar - The Indian Express, Aug 04 2010
Manual on Human Rights for Police Officers
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