“Encounter”, an expedient measure born out of this necessity, takes care of the problem but also takes away all that the constitution guarantees us: due process of law, a fair trial. Ambitious police men, in the service of their masters, or in pursuit of power and success, often betray their calling to resort to encounters. Those whom they serve with such devotion in turn absolve them of all their sins. The encounter takes place in the no-man’s land between public law, political fact, and popular approval.
However, if we retrace the history of Independent India, sooner or later, we reach the fateful conclusion when the abuse of police appears to be, in Rawlsian diction, part of an overlapping political consensus. The disclosures, from time to time, of complicity of various administrations in cold blooded killings have exposed the opaque relations between power and privilege, the hidden continuities between the legal and the illegal. Members of the minority community, Naxalites, political opposition and activists have been “encountered” in every regime. Once a crime is linked to the state, it should summon the minds of the citizens towards weightier judgments. But the debate is still couched in politically opportunistic terms as a blame game between rival political factions. People, like spectators up in a pavilion, observe the debate as if they do not have any stakes in the matter, no awareness that the bell tolls for them, only a prurient interest. It would be a mistake to view it only as a problem of police brutality; the political class that abuses police is the greater problem.
Most of us have already accepted with a sense of quiet resignation the inability of democratic politics to produce viable solutions to social and economic problems. We now seem to be well on our way to accepting the all-encompassing control of the state security apparatus over our lives. We need to square up to the politically incorrect fact that the democratic system requires some “other narrative rooted in the promise of life as opposed to the fear of death.” Unless that is done, we will be harvesting a rich crop of Vikas Dubeys.