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APSC Answer Writing (Daily) based on Assam Tribune – 29/05/2025

For APSC CCE and other Assam Competitive examinations aspirants, practicing Daily Answer Writing is vital. This blog covers the most important Main question and its model Answer from the Assam Tribune today (29-05-2025).

📝 Mains Question (GS Paper II – Governance | Law & Human Rights):

Q. The recent Supreme Court directive to the Assam Human Rights Commission to investigate alleged fake encounters underscores concerns about the accountability of law enforcement. In this context, discuss the constitutional and legal safeguards against extrajudicial actions by the State. Also examine the challenges in ensuring police accountability and suggest a way forward.

📘 Model Answer:

Introduction

The Supreme Court’s recent directive (May 2025) entrusting the Assam Human Rights Commission (AHRC) to investigate over 171 alleged police encounters in Assam (May 2021–August 2022) reignites the debate around police accountability and extrajudicial actions. While strong policing is essential for maintaining public order, the Constitution mandates that such actions must remain within the framework of rule of law.

Constitutional & Legal Safeguards Against Extrajudicial Actions

Provision / Instrument	Explanation
Article 21	Ensures the right to life and personal liberty; any deprivation must follow due process.
Article 22	Provides protection against arbitrary arrest and detention.
CrPC Sections 46, 176	Lay down the limits of use of force during arrest and mandate magisterial inquiry in case of custodial death.
SC Guidelines in PUCL vs Maharashtra (2014)	16-point protocol for encounter investigations, including FIR registration, independent probe, magisterial oversight.
Protection of Human Rights Act, 1993	Empowers NHRC and SHRCs (like AHRC) to inquire into human rights violations by public servants.
NHRC Guidelines (2010)	Require all encounter deaths to be reported within 48 hours for transparency and review.

Challenges in Ensuring Police Accountability

Political Patronage & Verbal Encouragement
- Public statements by political executives (e.g., “shoot below the knee”) may normalize aggressive policing.
Lack of Independent Oversight Mechanisms
- Most encounter cases are investigated by the same police departments, creating a conflict of interest.
Poor Implementation of SC Guidelines
- Despite the clear guidelines of 2014, many states (including Assam, as alleged) have flouted or delayed compliance.
Public Sentiment & Media Narrative
- In high-crime zones, public may support ‘instant justice’, weakening demand for due process.
Inadequate Resources for Human Rights Commissions
- Bodies like AHRC often lack manpower and funding for timely and credible investigations.

Way Forward

✅ Strengthen Institutional Oversight

Empower independent units (under Lokayukta/Human Rights Commissions) to monitor and investigate police actions.

✅ Mandatory Compliance Reporting

States must submit annual compliance reports on SC guidelines related to encounters.

✅ Police Reforms

Implement Supreme Court directives in Prakash Singh vs Union of India (2006), including separation of law & order and investigation functions.

✅ Capacity Building and Human Rights Training

Sensitize police forces on constitutional values, use of non-lethal force, and community engagement.

✅ Whistleblower & Victim Protection

Ensure confidentiality and legal support for families and individuals who file complaints against illegal police actions.

Conclusion

While police forces face real threats and operational constraints, state legitimacy must rest on the rule of law, not on vigilante justice. The SC’s directive to the AHRC is a critical opportunity for corrective justice and democratic accountability. Upholding constitutional morality over expedient governance is the key to a just, secure, and rights-respecting society.

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