THE GIST of Editorial for UPSC Exams : 20 July 2020 A chance to restore the rule of law(The Hindu)

A chance to restore the rule of law(The Hindu)

Mains Paper 2:Polity 
Prelims level: Extra-judicial killing
Mains level: Important aspects of governance, transparency and accountability

Context: 

• The killing of gangster Vikas Dubey was clearly a case of premeditated murder and not a spontaneous act of self-defence as the Uttar Pradesh police would have us believe. 
• No person can be expected to believe the police version of the incident which is riddledwith multiple absurdities.
• Before Dubey, five of his aides had been killed in similar fashion.
• Spate of extra-judicial killings:
• No disciplinary action has been taken against the police officers who participated in this extra-judicial killing. 
• The killings of Dubey and his aides highlight the disturbing trend of extra-judicial killings in the State. 
• Dubey’s killing suggests that there were people in this government who were at risk of being exposed if he testified in court. 
• It is ironic that Dubey thrived because he enjoyed political patronagefrom those in the current State government as well. 
• Over the past three years, his name did not figure in the ‘Most Wanted List’ of the U.P. government despite the fact that he had more than 60 serious cases against him.
• Dubey’s killing has been applauded by a large number of people who have been made to believe that this is the only way of ensuring justice. 
• The courts are increasingly seen as weak and ineffective institutions incapable of dispensing justice. 
• Alarmed by the spate of extra-judicial killings happening in the country, the Supreme Court said that “the ‘encounter’ philosophy is a criminal philosophy” because it affects the credibility of the rule of law.

Utter disregard for guidelines:

• The Court laid down a number of guidelines for the prevention and investigation of such killings. 
• Guidelines include immediate registration of FIR in respect of such killings; independent investigation by the State Criminal Investigation Department (CID) or the police force of a police station other than that involved in the extra-judicial killing, and headed by an officer ranked higher than the policemen involved in the incident; and simultaneous magisterial inquiry under Section 176 of the Code of Criminal Procedure (CrPC).
• However, according to a fact-finding report there is utter disregard in U.P. for the guidelines for investigation of extra-judicial killings laid down by the Supreme Court as well as the National Human Rights Commission (NHRC). 
• The report also documents how investigations into these killings did not follow the Supreme Court guidelines. 

Ending the culture of impunity:

• The extra-judicial killings in U.P. show that the NHRC and the Supreme Court guidelines need a reworking. 
• The only way to stem the rising tide of extra-judicial killings is to end the culture of impunityand punish police officers who resort to such extra-legal means. 
• This is only possible if the investigation into such cases is independent and fair. 
• National and State Human Rights Commissions should have an investigative arm to probe police encounters and custodial deaths. 
• This would be one way of ensuring that the investigations are independent of police and political interference. 
• Another way would be to handover investigation of such cases to an agency independent of the State government like the Central Bureau of Investigation (CBI).
•  Conclusion:
• The Dubey killing is perhaps the last wake-up call for our democracy and the judiciary. 
• If the higher judiciary wants to inspire respect in the rule of law, it must call out this extra-judicial killing. 
• The U.P. government has announced the constitution of a Special Investigation Team (SIT) to undertake an inquiry into the episode. 
• However, the SIT comprises Deputy Inspector General of Police Ravinder Goud who was himself charge-sheeted by the CBI for an extra-judicial killing many years ago. 
• No body formed by the U.P. government to conduct an inquiry would inspire any confidence in this matter. 
• The inquiry must be done under the aegis of a retired judge with some credibility and independence to go to the root of this matter and hold the police officers and other persons accountable. 
• Only then can we begin to redeem the pledge of our Constitution-makers to establish a republic governed by the rule of law and protected by an independent judiciary.

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Prelims Questions:

Q.1). With reference to the Family Planning, consider the following statements:

1. In the last decade alone, India’s Crude Birth Rate (CBR) has reduced from 21.8 (SRS 2011) to 20 (SRS 2018) while the Total Fertility Rate (TFR) has increased from 2.2 (SRS 2011) to 2.4 (SRS 2018). 
2. The National Family Planning Program has introduced the Injectable Contraceptive in the public health system under the “Antara” program. 

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: B