AN ANALYSIS OF POLICE ENCOUNTERS AND EXTRAJUDICIAL KILLINGS IN INDIA: A CONSTITUTIONAL AND HUMAN RIGHTS PERSPECTIVE

Police encounters and extra-judicial killings in India have emerged as one of the most
controversial issues within the criminal justice system, raising serious concerns regarding
constitutional governance, human rights protection, and the rule of law. While law enforcement
agencies often justify encounter killings as necessary measures taken in self-defense or for
maintaining public order, such practices have been widely criticized for bypassing due process
and undermining fundamental rights, particularly the right to life under Article 21 of the
Constitution of India. This study critically examines the legality, constitutional validity, and
human rights implications of police encounters in India. It explores whether such practices can
be justified within the framework of a democratic society governed by rule of law. The research
adopts a doctrinal methodology, relying on constitutional provisions, statutory laws, judicial
pronouncements, and reports of institutions such as the National Human Rights Commission
(NHRC). The study highlights that although certain encounters may be genuine, a significant
number raise concerns regarding misuse of power, lack of accountability, and systemic
deficiencies such as delays in judicial processes and ineffective investigation mechanisms.
Judicial interventions, particularly in landmark cases, have played a crucial role in establishing
safeguards; however, implementation gaps continue to persist. The paper concludes that extrajudicial
killings are largely inconsistent with constitutional principles and human rights
standards. It emphasizes the urgent need for legal reforms, independent oversight mechanisms,
police accountability, and human rights education to ensure that law enforcement practices
align with democratic values and constitutional mandates.