Police Brutality Amidst Corona Crisis

This article is in context of recent instances of Police Brutality that took place and has continued ever since then. On account of containing the spread of COVID-19 the Prime Minister of India Narendra Modi announced a nationwide lockdown on March 24, 2020 resulting in a strict implementation of curfew for a period of 21 days. The impact was the same can be seen on everyday life of almost every citizen of this democratic nation. Let’s be honest even this article is a child of these troubled times.

Consequently, our WhatsApp chat groups, family groups and media were flooded with myths and measures to evade the pandemic. Amidst the chaos we came across the instances of police brutality and this article is aimed at bringing the same into broad daylight.

Though Guidelines issued by Ministry of Home Affairs categorically exempted “essential services” from the lockdown, lack of coordination and miscommunication resulted in mayhem and fear among the general masses. However, since the announcement  of the lockdown, the police machinery had adopted various techniques, ranging from non violent method of  clicking a picture of the violators holding placards saying how they are 'samaaj ke dushman' ( enemy of society) to  causing  direct physical violence against public  ranging from vicious lathi charges to dragging ‘violators’ on the roads. Furthermore, there is the case of a man who died after being beaten up by the police in West Bengal. The ‘violator’ had stepped out of his house to buy milk, imagine if one day you stepped out to buy milk and come back home in a coffin, is it justified. The blatant use of force by police is violation of Human Rights to say the least but let us take a more legal perspective.

Does violation of Section 188 of IPC authorize police officers to inflict physical damage on the violators?

Since I do not want this to take shape of a research paper, I will just answer it using a concise phrase that NO IT DOESN’T. At most, the police have authority to detain an individual for not adhering to the conditions of lockdown and gives the offender right to be released on bail on account of offence being bailable.

These instances of lathi charges by police and beating up of citizens who are out to procure essential goods of sustenance are misuse of power given to them by the state. State, whose government is elected by the very people who are the victims in all these cases. I know that we cannot do much while sitting at home but the least we should do is educate ourselves as to what rights cannot be abridged by the State machinery under a curfew. The curfew is justified on account of public welfare but the disproportionate use of force it no justified.

Furthermore, these instances are a foreword of as to what might happen in case the state machinery did come crashing down on its citizens to enforce something that it feels is right. It might not happen today, not tomorrow, but someday when you are fast asleep in your bed. These instances are not to be forgotten and just let go off when the lockdown is lifted but rather those responsible should be held accountable. I know that suo moto writ petition by Kerala High Court does provide us with a sigh of relief but the accountability for the death, injuries and misdemeanor of our beloved police officers remains to be questioned.

Some might argue that the actions of police officers are justified to make sure that people stay at home to contain the spread of COVID-19 and in all honesty it is a totally viable argument but fear can only prevent the evasive actions of public only to a certain extent. Conclusively, the way in which State machinery can contribute in a positive manner is to use the same manpower focused at creating an atmosphere of fear in the minds people and diverting it towards procurement of the essential commodities and setting up Public Distribution stalls throughout the various localities within the cities. The police should me used to maintain decorum and security in such areas and also to make sure that precautions are taken by people visiting these areas to procure items of daily use and other essentials.

Here are few links you can refer to in order to understand the background and implications of how this problem has turned into a issue more bigger than ever under the garb of prevention of pandemic.
1. India’s coronavirus lockdown is bringing out the worst in its police force.
2. India in lockdown: NGO workers face police brutality while helping poor in Hyderabad.
3. No Justification For Police Brutality Against Persons During Lockdown.
4. West Bengal: Man Who Was Buying Milk Dies Hours After Police Thrash Him.

xAKx