How is it that almost every time a wanted person is caught in UP, there is an ‘encounter’ and he gets shot in the leg? Is it some code of conduct among the state’s criminal community not to surrender without a shootout and extend the leg forward to receive the bullet? That certainly is what the police would have the people believe. The practice is very likely a tactic employed by the police to discourage wanted persons from evading arrest. It may be that, at a certain level, this increases the fear of the police, but unfortunately it is the kind of illegal act that, historically, has had very serious consequences by blurring the very fine line between professional performance of duty and renegade behaviour.
It is unfortunate that the courts do not raise questions about such actions. They are the citizens’ last line of defence, without which governance transforms into ‘jungle raj’? Even a bit of skepticism in the courts could correct such behaviour and send a clear signal to the transgressors.
Those issuing orders for such encounters should realise that police personnel made to think that taking the law into one’s hands is alright, will also begin to do so for their own purposes. Once complicit in a crime with their seniors, they cannot be asked to abide by the law in other matters. The moral authority is lost.
It is perfectly alright to take a hard line on law enforcement, particularly in an environment where crime rates are on a high, but this has to be done through innovative and imaginative professional action. It is an unfortunate fact that policing, even today, is practiced along the template established by the colonial British. It is not enough to superficially revamp the Penal Code and introduce Hindi words in it, the entire approach has to be holistic and scientific. The police department should be the most eager for speedier functioning of the courts, introduction of processes that reduce their burden and allow focus on the important issues. The practice of plea bargains should be ramped up to get lesser offences cleared from the system. The effort should be made to learn from best investigative practices around the world. The ‘ab tak chhapan’ era is more or less past; the ‘bullet in the leg’ option should also be closed. That would better serve India’s democracy.
