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No justification for Police Brutality against Persons during lockdown
It is now needless to say that there is a nationwide lockdown all over due to the breakdown of COVID-19. The lockdown was imposed pursuant to the order issued by the National Disaster Management Authority for the strict implementation of a lockdown for a period of 21 days with effect from 25.03.2020. In order to bring this into motion the Ministry of Home Affairs issued guidelines and such guidelines categorically exempt “essential services” from lockdown. These essential services includes shops, thereby including shops dealing with food, groceries, fruits and vegetables, dairy and milk booths, meat and fish, animal fodder.” Therefore it is evident that the enforcement authorities have imposed restrictions only on the movement of people and not on essential goods. But still we see numerous instances where people who moved out of their houses only with the intention of availing such facilities are brutally been harassed by police.
Numerous videos have surfaced on social media showcasing various incidents of police brutality, being inflicted on persons violating the lockdown. The violence ranges from making the violators crawl on the roads to humiliating them. They are also punished and asked to perform acts such as sit-ups. Moreover there are instances where people are being lathi charged and vegetable vendors are being slapped and their carts being overturned. In fact in one particular case in West Bengal, a man died after being brutality beaten by the police who had stepped out of his house to buy milk. From observation it is evident that majority of the victims are the people from weaker sections of the society. Such acts by the police authorities is a clear cut violation of Human Rights, misconduct and abuse of power that will erode the faith on police authorities. Instead of helping to facilitate the smooth functioning of the lockdown, such incidents are making matters worse.
According to the guidelines issued by the Ministry of Home Affairs any person violating the smooth functioning of the lockdown can be held liable as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of the Indian Penal Code. The explanation to Section 188 fixes liability on the offender if he had knowledge of the orders given by the public servant and still disobeyed. Violation of Section 188 does not authorise the police to inflict physical damage on a person. The usage of brutal force on behalf of police officers does not stem from Section 188 of IPC; hence it can be discerned that such act is unjustified and excessive.
While we clearly understand that the police forces are risking their lives each day when they step out of their houses but this in no way justifies the arbitrary and excessive violence on the public. Therefore, an enquiry committee needs to be set up to look into incidents of police brutality. And the Central and State Governments need to ensure that the police officials are aware of the limits of the statutory provisions as well as the guidelines issued by the Ministry of Home Affairs.
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