Keywords

Extrajudicial Killing, State Force, Human Rights, Bangladesh, India.

Published

12 September 2021

Abstract

Extrajudicial killing is fatal and degrading to human dignity and life. In Bangladesh and India, it is a very common phenomenon to use force upon the innocent citizens and alleged criminals. Extrajudicial killing directly violates Articles 26, 27, 31, 32 and 35 of the Constitution of People’s Republic of Bangladesh and Article 13, 14 and 21, among others, of the Constitution of India. Besides, it violates different international instruments like the Universal Declaration of Human Rights, International Covenant for Civil and Political Rights and Convention against Inhuman or Degrading Treatment and Punishment in which both Bangladesh and India are signatory states. Against all the previous and on-going extrajudicial killings, judiciary came up with complete resistance through its different landmark decisions. However, the decisions of the judiciary and preventive measures are yet to be taken, and hence the extrajudicial killing is not decreasing. The State forces should be respectful to the laws and using of weapons can only be permissible when the same happens to be the last resort. Mere private defence does not validate the extrajudicial killings. The citizens must be aware of their constitutional rights and put strong resistance against so called ‘crossfire’, ‘gunfight’ or ‘encounters’. Besides, it needs to be recognized that the main duty to stop extrajudicial killing vests upon the government. Only with consorted efforts of the government, judiciary, bureaucrats, state forces, human rights organizations and citizens, we can eradicate these illegal killings and eventually end the culture of impunity that is associated therewith.

SALR Article No. 17

Ref: SALR/JOURNAL/2ndV/SI/Aug-002

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