The Author, Aastha Khurana, is a 2nd-year, BBA.LLB student at JEMTEC School of Law, Greater Noida. She is currently interning with LatestLaws.com.
India is witness to the biggest lockdown of people in the world, with 130 crore people which has been successful so far. The world’s second most populous developing country fighting against corona virus as one country, one people and one mindset. Statistics (high recovery, low death rate), medical infrastructure are proof of good fight, however, it’s true that we are facing many troubles, issues during this pandemic situation. COVIDIOTS (a term coined for those flouting restrictions) are one of the reasons who have hampered this fight. India is the country having a diversity of minds, be in terms of religion, literacy or of awareness about such a dangerous, uncertain disease and lockdown imposed by the central government all over the country many people continue to step out for ‘non-essential’ activities, so, in order to control this habit and to fulfill the main agenda that is to break the chain of corona virus, the police came up with the unique ways to punish the flouters of lockdown.
Sits-ups, squats, murga punishment and making people to pose with the pamphlets admitting their fault are the awareness tactics used by the Police in a number of states. The criticism of giving such punishments is based on lack of legal backing. Number of videos circulated on social media platform and news channels where people were being yelled at, beaten with lathis for stepping out to buy basic items, even venders were harassed. The arbitrary use of force has caused much trauma to the common man. It is a way to insult the people to make them realize their mistake so that they do not repeat it in future. So, let’s discuss the various provisions of laws in India regarding the powers of police and rights & duties of citizens.
The following sections of the Indian Penal Code deal with the Duties of Public:
Section 188 states the duty of people to abide by the orders of Government.
Section 269 deals with the negligent act of the people for knowingly spreading the disease shall be punished with the imprisonment of six months or fine or both.
Section 270 dealing with the malignant act which may spread the infection of any disease dangerous to life shall be punished for two years or fine or both.
Section 271 dealing with the disobedience to quarantine rule shall be punishable for the six months or fine or both.
The following sections of the Code of Criminal Procedure deal with the Powers of Police:
Section 129 confers the power to police to dispersal of assembly by use of civil force, for the purpose of dispersing such assembly; police may arrest, confine or give punishment according to law only.
Section 132 provides that the prosecution of police officer for an act committed while dispersing the crowd can only be initiated with the sanction of the state government.
Section 149 provides the police to interfere on order to prevent cognizable offence.
Section 151 empowers the police to arrest the violators may arrest without orders from Magistrate and without a warrant.
Section 197 widens powers for any acts done while discharging their duty.
India is the country where liberty, equality and justice are the main essence of the Indian Constitution. Right to life and dignity is the fundamental right which cannot be denied even at the time of emergency. Various landmark cases recognized the dignity even in the extra ordinary circumstances. Article 19(1)b guarantees right to assemble peacefully. Furthermore, India is a signatory to the United Declaration of Human Rights and Article 51 states that India will respect the International Covenants.
Commonwealth Human Rights Initiative, an international NGO, clearly laid down the guidelines for respecting the Human Rights while Enforcing the Lockdown, in March 2020. It laid down the guidelines for police as well. Paragraph 14 of it, expressly prohibits police personnel from doing following:
- Beating, threatening anyone with beating, for alleged violation of the lockdown.
- Forcing people to roll, crawl, squat, do sits ups, or be made to do humiliating acts as public punishments for alleged violation of the lockdown.
India’s coronavirus lockdown brings police brutality in force be it in form of sits up or abusing the migrant laborers. Not only during this lockdown, the police in various states have been pulled up by the Courts for violating the human rights. Custodial death, torture, atrocities against women have time and again come to light.
CONCLUSION
COVID-19 is a test for societies, governments, communities and individuals. In this Pandemic situation it is crucial to stay at home but at the same time it is very difficult for the authorities to keep eye on every single individual especially in such a populous country like India. Strict action is not possible to take nor it is reasonable to take against this and imposing fines would also be very harsh in such a situation where people are unable to go at their workplace, unemployment is rising, leaving people with no source of income as very less percentage of people are able to convert their work to online mode or work from home mode.
No doubt government of India imposed lockdown for a very long period as it was important considering the health conditions of the people, current medical resources, and availability of doctors but all possible steps are being taken to avoid the inconvenience to the general public like supply of food chain is maintained, medical stores are kept open, adequate time is allotted to visit grocery shops and to collect essentials, door steps facilities are also available. Further, the government tried their best to postpone the installments of loans, insurances which is the biggest relief to the middle class. But at the same time unlawful use of force by the Police is definitely required to be punished and it is not acceptable in democracy. The beauty of law is lies in the ability to adapt and be flexible to the novel cases that come before it. Police are one of the most important and representative organizations of the government. Constant monitoring and answerability need to be established.
References:
https://humanrightsinititiativeorg
https://timesofindia.indiatimes.com
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