AGAINST HUMAN RIGHTS
Important points to be noted in this article are as follows :
Why has this cropped up ?
In the World Justice Project Index, India’s rank in 2017-18 was a dismal 62.
One of the factors leading to low rank
Police encounters, which have become a common phenomenon, do contribute to our low rank on ‘rule of law’ index. For example, U.P. is fast becoming known for its police encounters. The National Human Rights Commission (NHRC) has issued notices on encounter deaths to the U.P. government.
What is meant by ‘Rule of law’?
- The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process.
- Rule of law is the fundamental principle of governance of any civilised liberal democracy. It is the anti-thesis of arbitrariness.
- The rule of law is a part of the basic structure of the Indian Constitution.
Do police encounters conform to rule of law ?
These encounters demonstrate the government’s resolve to adopt ‘the rule by gun’ in preference to ‘the rule of law’. We must recall what the Supreme Court said in the Salwa Judum case : “The primordial value is that it is the responsibility of every organ of the State to function within the four corners of constitutional responsibility. That is the ultimate rule of law.”
Relevance : GS 2
