Police violate law when they brutalise citizens

Caning citizens who have stepped out during a clampdown comes from a police culture of violence and impunity, say lawyers

The police are violating the law when they brutalise citizens out on the streets during a lockdown, lawyers say.

“The police have no authority or power to use the stick on people. Over a period of time, we have assumed they have such powers,” says advocate B T Venkatesh.

They can only employ force in circumstances of a commotion, and that too only when directed by a deputy commissioner or a police commissioner, he says.

“These orders can only be given in accordance with Section 144 and 145 of the Code of Criminal Procedure. It relates to keeping peace. How is one disturbing the peace by going to
buy medicines or groceries?”
he asks.

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The only other legally sanctioned use of violence is against someone accused of a cognizable offence.

“Even in this case the police are allowed the use of minimal force to restrain the suspect, and only if the arrest is resisted. Any other use of force is a violation,” he says.

Advocate Basawa Prasad Kunale says violence has become part of the police culture. “They have always treated suspects and people they arrest with third degree techniques. The only difference is that what was happening behind closed doors is now happening in the open,” he says.

Kunale says the police are allowed to carry lathis for self defence, not to attack people. Such violence is a result of the lack of sensitisation of the police force.

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“They believe the only way to enforce the lockdown is to hit people and create fear,” he says.

Venkatesh adds that this is not an individual problem but an institutional one.

“Orders trickle down from the ministers — ‘No one should be on the streets.’ They enforce this the only way they know how, through violence,” he says.

Prolonged problem

Advocate Maitreyi Krishnan says that there aren’t enough institutional mechanisms to hold the police accountable.

“If I hit someone, a case of assault is filed against me, but if the hitting is by a policeman, he is granted immunity.”

“There is no FIR or disciplinary action taken. With such inaction, violence is effectively encouraged by the institution,” she says.

There is absolutely nothing that allows them to work beyond the limits of their power, she says.

Complaint filed

Ramesh Babu, advocate and former MLC, has filed a complaint with the State Human Rights Commission against police excesses on the streets. His petition says the police are “taking law into their hands” and behaving inhumanly.

Stop it, says police chief

As TV channels went to town with footage of citizens being beaten up, Kamal Pant, city police commissioner, was prompted to tweet a word of restraint: ‘@BlrCityPolice has been strictly advised to only take action strictly as per law, in case anybody violates lock-down guidelines. They have been advised not to use any kind of force in this regard.’

Get legal help

Those assaulted by the police can approach the police commissioner or the director-general of police and register complaints.

“They should ideally have the name of the officer in question but the name of the police station is enough,” says advocate Basawa Prasad Kunale.

They can also approach the State Human Rights Commission.

“If they feel nothing is being done about their case, they can also approach the High Court. The Chief Justice is currently hearing matters relating to Covid-19 and the lockdown, and human rights violations come under that,” he explains. Groups like Alternative Law Forum, where Basawa works, are ready to take up such cases, he says.Advocate Maitreyi Krishna says that those who have been assaulted are entitled to compensation as well.