After reading this article you can solve this UPSC PYQ (2017)
The Indian Constitution has provisions for holding civil servants accountable for their actions. Explain.(10 marks, GS2 Mains Polity)
Why is in news
The issue gained prominence after video evidence showing police personnel assaulting protesters. The incident has revived the debate on police accountability, protection of fundamental rights, and the urgent need for police reforms in India.
Introduction
- The recent incident involving alleged police brutality against students in Delhi has reignited concerns regarding the misuse of police powers, excessive use of force, and accountability of law enforcement agencies.
- Videos circulating on social media reportedly showed police personnel assaulting students and using disproportionate force during a protest.
- The incident has once again highlighted the delicate balance between maintaining public order and protecting citizens’ fundamental rights in a constitutional democracy.
When Can Police Use Force During Public Demonstrations?
Constitutional Background
- Though ARTICLE 19(1)(a) and Article 19(1)(b) right to Freedom of Speech and Expression and right to assemble peacefully and without arms, under Article 19(2) & 19(3) state may impose Reasonable Restrictions.
- The State may impose restrictions on these rights in the interests of Sovereignty and integrity of India, Security of the State, Public order.
Legal Provisions Governing Police Use of Force
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023- the BNSS (which replaced the Code of Criminal Procedure, 1973) empowers Executive Magistrates and police to maintain public order.
- State Police Acts authorize police to Prevent breaches of peace, Regulate assemblies.
- UN Basic Principles on the Use of Force and Firearms (1990) says law enforcement officials should Use non-violent means first Resort to force only when unavoidable.
Major Issues include
1. Excessive Use of Force by Police
- Physical assault, lathi charge without imminent threat, assault on unarmed protesters, violence against journalists reflect disproportionate use of force, violating constitutional safeguards.
- This was obseved in Delhi protest 2019 against Citizenship (Amendment) Act.
2. Lack of Accountability
- Lacadesical approach on suspension to responsible personnel.
- Identification of other officers remains pending, delay in disciplinary action weakens public confidence.
3. Violation of Constitutional safeguards
- Article 14 – Right to Equality – arbitrary police violence violates the principle of non-arbitrariness under Article 14.
- Article 19(1)(a) ensures Freedom of Speech and Expression, police cannot suppress peaceful expression through excessive force.
- Article 19(1)(b) allows Right to Assemble Peacefully reasonable restrictions may be imposed under Article 19(3), but force must remain proportionate.
- Article 21 upholds Right to Life and Personal Liberty including human dignity, protection against torture, fair procedure and freedom from arbitrary state action. Hence police brutality directly violates Article 21.
- Article 22 may gets undermined the safeguards against arbitrary arrest.
4. Chilling Effect on Democratic Protests
- Fear of police violence discourages citizens from exercising their constitutional right to peaceful assembly,this undermines the spirit of participatory democracy.
5. Transparency and Public Trust
- Video recordings have become important evidence against abuse of authority.Failure to act despite visual evidence erodes trust in institutions.
6. Broader Implications
- Governance
Weakens constitutional morality and encourages abuse of executive authority.
- Democracy
Shrinks democratic space and discourages peaceful civic participation.
- Judiciary
Increases burden of judicial oversight and highlights gaps in executive accountability.
- Society
Erodes public trust in police and deepens fear among vulnerable communities.
- Rule of Law
Sends a perception that State officials enjoy impunity.
Way Forward / Mitigation Measures
1. Institutional Reforms
- Fully implement Prakash Singh (2006) police reforms across all States and Union Territories.
- Operationalize independent Police Complaints Authorities with adequate powers.
2. Strengthen Accountability
- Mandatory registration of FIRs where prima facie evidence of police assault exists.
- Time-bound departmental inquiries.
- Independent judicial or magistrate-led investigations in cases involving serious injuries.
3. Technology-Based Monitoring
- Universal use of body-worn cameras during protests and arrests.
- CCTV coverage in police stations and detention centres.
- Digital preservation of video evidence to prevent tampering.
4. Capacity Building
- Regular training on Human rights, Crowd-control techniques, De-escalation methods, Gender sensitivity, Constitutional values.
5. Legal Reforms
- Enact a modern police law replacing the colonial framework.
- Codify clear standards on the proportional use of force.
- Incorporation of National Human Right Commission (NHRC) in the preocedure of invetigation.
6. Judicial Oversight
- Ensure strict compliance with D.K. Basu guidelines.
- Fast-track adjudication of cases involving custodial violence and police excesses.
7. Community Policing
- Promote trust-based policing through dialogue with civil society.
- Encourage transparent grievance-redressal mechanisms.
- Constitutional measures
- Article 22 Provides safeguards against arbitrary arrest.
- Article 32 & Article 226 citizens can approach the Supreme Court or High Courts for enforcement of Fundamental Rights.
- Statutory Provisions includes
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for Regulating arrest procedures, prescribing safeguards against arbitrary detention, also mandates lawful use of force during arrests.
- Bharatiya Nyaya Sanhita (BNS), 2023 for police officials may be prosecuted if criminal assault or grievous hurt is established.
- Protection of Human Rights Act, 1993 Empowering the National Human Rights Commission (NHRC) to inquire into allegations of police excesses.
| Important Supreme Court Judgments |
| 1. Prakash Singh v. Union of India (2006) directed Establishment of State Security Commissions. Fixed tenure for police officers. Police Establishment Boards. 2. People’s Union for Civil Liberties (PUCL) v. State of Maharashtra (2014) Issued detailed guidelines on investigation of police encounter deaths. 3. K.S. Puttaswamy v. Union of India (2017) Though primarily a privacy case, the Court reiterated that State action must satisfy the tests of legality, necessity, and proportionality, principles equally relevant to the use of police force. |
Conclusion
- While the police have a legitimate duty to maintain public order, the exercise of coercive power must always be lawful, necessary, proportionate, and accountable.
- Effective implementation of judicial directives, independent oversight, police modernization, and a rights-based approach to law enforcement are essential to preserve the Rule of Law, protect Fundamental Rights, and strengthen citizens’ faith in democratic institutions.
| Important Current To Concepts (CTC) from this article Citizenship (Amendment) Act |