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’Crossfire’ is indefensible

While no one objects to the right to self-defence, everybody opposes in no uncertain terms the killing of an alleged outlaw in encounter battle or in crossfire. Even if someone is known to be an antisocial element, he should not be killed by security forces on the plea that they had to kill him or else many others would be killed, including themselves.

Z A. Khan
THERE has been a spate of militancy and social crimes the across the globe. The rise of these antisocial acts is attributed to disproportionate distribution of wealth resources, non-development, availability of firearms and criminalisation of the society for meeting political and economic ends. These are bare bones. To get the fuller picture we need to separate the constituent elements, which will entail an elaborate research-oriented approach.
The Awami League (AL), in one of its election pledges, voiced its opposition to extra- judicial killing, castigating it as violation of the right to justice. We all know that justice is also the protection of the innocent. So, in the dispensation of justice, even a diehard criminal is innocent unless proved otherwise.
The recent intensification of the anticrime drive has seen an incremental rise in killings without trial. As many as thirty such killings were reported in the last
month (Daily Star, November 9), which does not augur well for the government's commitment to human rights. One does understand that unless some drastic intimidating actions are taken, the criminals who thrive on illegal booty will remain unstoppable in their mission to kill. I, like tens of thousands, believe that nobody is a born criminal.
Poverty, corruption, flawed investigation, delay in the dispensation of justice, legal loopholes, religious bias and political patronisation are but a few of the reasons behind spurt of criminalisation in our country. Governments try in vain to tell the people that extra-judicial killing is necessary for self-defence of the law enforcers. They tell us that the law enforcers are forced to open fire (not to kill, but to incapacitate) or else they themselves will be shot to death.
Are we aware that the "right to recognition as a person before the law and to equal protection of law" is enshrined in the Declaration of Human Rights?
The scope and definition of the right to self-defence is not adequately clear.
Governments over the years maintained silence in providing exhaustive clarification. Is it because they want to keep us in the haze so that we do not seek justice?
While no one objects to ther'i'glit to selY-~ defence, everybody opposes in no uncertain terms the killing of an alleged outlaw in encounter battle or in crossfire. Even if someone is known to be an antisocial element, he should not be killed by security forces on the plea that they had to kill him or else many others would be killed, including themselves.
Security forces must be asked to justify the killing. As a matter of fact, the government should be more up and about to haul up the criminals with a view to bringing them to justice instead of killing them. The government can extract vital information if they are arrested alive, which may unravel many mysteries.
Militant activities by criminals of all hue are on the rise. If I were to be asked for suggestions my recommendation would be to strike at the root of the growth of criminalisation, and to do so I would give top-most priority to good governance, quick dispensation of justice, freeing of the administration from the nagging political interference, decentralising planning, and devolution of power and local participation in the implementation of development plans.
I would suggest strengthening of the local governments, which may play a positive role in convincing the floating people from going to urban areas and staying in slums, which are the breeding
ground for potential criminals. If the slum dwellers cannot be relocated to a reasonable housing area, living conditions in slum must be improved so that they are not enticed by vested quarters into committing crimes and resorting to killing.
NGOs generally concentrate their effort in rural development. They should be advised to focus their attention equally to improving living conditions in the urban slums. Underprivileged children should be provided with appropriate vocation so that they do not fall prey to the masterminds of criminalisation. The godfathers must be crushed, regardless of their status and stature.
NGOs should also take up advocacy programs for raising awareness among the people to play a responsible role to identify the criminals, who easily mingle with them after committing a crime, and inform the law enforcing agencies about their whereabouts.
World Human Right's Day (December 10*) is barely a few weeks away. Let us pledge to remove the ills that foster criminalisation and violate human rights. This is possible provided that there is strong political will committed to uprooting it through participation of all the people, regardless of party line, religion, language and power to influence. The sweeping powers exercised for extra-judicial killing should be justified so that whim does not replace justice, which is a fundamental human right.
ZA Khan is a former Director General of Bangladesh Institute of International and Strategic Studies