Press Release: 2,955 police encounter deaths registered during 1998-2018, RRAG calls for national commission of inquiry into encounter deaths

New Delhi:  In the wake of fake encounter death of 38-year-old Vivek Tiwari, Apple area manager in early in the morning of 29 September 2018 in Lucknow’s posh Gomti Nagar area, the Rights and Risks Analysis Group (RRAG) in press release today stated in the last two decades i.e. from 1 April 1998 to 31 March 2018, the National Human Rights Commission (NHRC) registered a total of 2,955 deaths in police encounter i.e. an encounter almost every second day but seldom justice has been delivered. The NHRC issued the first guidelines on dealing with encounter deaths on 29 March 1997.

The NHRC registered 76 cases in 1998-99, 85 cases in 1999-00, 110 cases in 2000-01, 58 cases in 2001-02, 83 cases in 2002-03, 114 cases in 2003-04, 122 cases in 2004-05, 157 cases in 2005-06, 301 cases in 2006-07, 177 cases in 2007-08, 132 cases in 2008-09, 111 cases in 2009-10, 199 cases in 2010-11, 179 cases in 2011-12, 181 cases in 2012-13, 148 cases in 2013-14, 192 cases in 2014-15, 206 cases in 2015-16, 169 cases in 2016-17, and 155 cases in 2017-18.

The largest number of encounter deaths during 1998-1999 to 2017-2018 took place in Uttar Pradesh with 1,004 encounter killings i.e. 34% of the total cases, followed by Assam with 521 encounter killings i.e. 18% of the total cases, Chhattisgarh (239), Maharashtra (148), Andhra Pradesh (127), Jharkhand (108), Meghalaya (89), Orissa (71), Delhi (64), Manipur (62), and West Bengal (61), Uttarakhand (59), Rajasthan (54), Haryana (50), Karnataka and Bihar (48 each), Tamil Nadu (38), Arunachal Pradesh (25), Punjab (22), Gujarat (14), Jammu and Kashmir (10), Tripura and Telangana (6 each), Kerala (5), Himachal Pradesh (2), and Andaman & Nicobar (1). No case of encounter killing was recorded in Goa, Mizoram, Nagaland, Sikkim, Chandigarh, Dadra & Nagar Haveli, Daman & Diu, Lakshadweep and Puducherry.

Indeed, top 10 States of encounter killing have reported 2,494 cases of encounter deaths i.e. constitute over 84% of the cases.

“The fact that Delhi with a population of 168 million had more encounter killings (64) than West Bengal (61) with 920 million population as per 2011 census is an issue of concern. Further, the reports of only 10 encounter killings from Jammu and Kashmir during 1998-1999 to 2017-2018 expose the limitations of the data submitted to the NHRC.” – stated Mr Suhas Chakma, Director of the Rights & Risks Analysis Group (RRAG).

“The startling similar pattern of encounters/FIRs lodged by the Uttar Pradesh Police i.e. similar description of the sequence of events leading to the encounter, of the encounter itself, of the police response, and of what followed with respect to compliance with the guidelines of the NHRC and the law set by the Supreme Court of India under Article 141 of the Constitution of India in its jugdment on 23 September 2014 in the case of People’s Union for Civil Liberties Versus State of Maharashtra (Criminal Appeal No. 1255 of 1999) on encounter deaths exposes the total disregard for the law and the institutions. When the political leaders openly justify encounter killing as a response to deal with alleged criminals, killings of innocent civilians like Vivek Tiwari are bound to happen.”- further stated Mr Chakma.

The Rights and Risks Analysis Group called for establishment of a National Commission of Inquiry into Encounter Killings to investigate implementation of the Supreme Court judgment and submit recommendations on legal reform including impunity to address the menace of fake encounter killing.