LEGISLATIVE ASPECTS OF EXTRAJUDICIAL KILLINGS

Abstract

This paper critically examines the legislative dimensions of extrajudicial killings in India and their broader implications on the rule of law, human rights, and democratic governance. Despite constitutional safeguards and the foundational principle of due process, the rising number of police encounters — particularly in states like Uttar Pradesh — reflects a troubling shift toward "rule by law" rather than "rule of law." These killings, often portrayed as swift justice, bypass judicial scrutiny and erode the legitimacy of the criminal justice system. The study explores the violations of fundamental rights, the role and guidelines of the National Human Rights Commission (NHRC), and draws comparisons with similar institutions in Bangladesh, Russia, Nepal, and the Philippines. It also delves into the structural failures, including police impunity, political backing, and systemic inefficiencies, that enable such acts. Finally, the paper proposes legal reforms, enhanced accountability mechanisms, and improved law enforcement training as vital steps toward curbing extrajudicial executions. The analysis highlights that only a robust commitment to the rule of law, justice, and institutional reform can ensure the protection of human rights and democratic values in a civilized society.