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29 Feb 2012

When right to private defence is wrong

"A police claim of self-defence to justify encounter killings must be held to higher standards of proof as the force is armed and trained for combat."

The “encounter” deaths of five persons suspected of having carried out two bank robberies in Chennai has once again focused attention on the practice of extrajudicial killings in Tamil Nadu. The Hindu : Opinion / Op-Ed : When right to private defence is wrong

In all cases of encounter deaths, the practice is to claim that the killings were done in self-defence. The right of private defence is available to all, and no distinction is made between the police and layman.

Family members of the deceased or human rights activists who wish to reopen suspected cases of false encounter find it an uphill task to get even a death certificate or post-mortem report and are thwarted at every stage, often facing threats to their life.

Though National Human Rights Commission (NHRC) issued a series of guidelines in 2003, the commission now seems to be condoning such violence.

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