Tales of police brutality reverberate in countries across the world, and India is no different. Police brutality is often defined as “the unwarranted or excessive and often illegal use of force against civilians” (Moore) by police officers. This also encompasses human rights violations by the police. Flagrant violations of human rights at the hands of the police are a very common occurrence, transpiring so frequently that they have become normalised. Crimes and deviations from the law which should, and do, call for only petty punitive measures, often invite massively disproportionate police violence. Despite the public outcry demanding a reform, the picture still remains quite hopeless.
Looking back at history, it is clear as day that police brutality is not a recent development in India. In fact, it is an inherited phenomenon of the colonial era when police brutality was the norm, and reprehensible cases like the Jallianwala Bagh Massacre were even lauded by some (DTNext). Since then, instances of police brutality have become interspersed throughout the country’s history. Whether it was the police force of the 1970s who unleashed violence upon students part of the student Naxalite movements in Calcutta (Sengupta), or whether it is the police force of today, violence and brutality is a correctional tool. While there is much more awareness today regarding the barbaric nature of police brutality, the number of cases which happen is, nonetheless, staggering (Roy).
Some of the recent cases include those which happened in the light of the CAA-NRC protests, and subsequently, the pandemic and the lockdown. The Delhi Police storming the campus of Jamia Milia Islamia University on December 15, 2019 during a confrontation with students protesting against the CAA-NRC is an infamous example. Hundreds of police officials forcefully detained students, whilst using tear gas and batons to pacify and disperse them (Roy). They even broke into the library and the washrooms in order to detain protestors, and damaging the place in the process. Nearly two hundred individuals were assaulted and injured in the violent confrontation (Roy).
Yet another case which gained public attention is of Jayaraj and Bennicks, a father-son duo who were taken into custody, on June 19, 2020, after they were found with their shop open 15 minutes past the curfew imposed as part of the COVID-19 lockdown measures (Daruwala). While the police officers duty refused to have heard or seen anything, it was very obvious that both father and son were brutally beaten up and even sexually assaulted while in custody. Four days after being taken into custody, spending time in jail, and even being presented in front of the magistrate, Jayaraj and Bennicks were announced dead, with their bodies riddled with deep lacerations and contusions (Daruwala).
A huge part of the problem are the flaws in the system. The lack of accountability is palpable. This is not to say that legal provisions which deem the use of excess force illegal do not exist in India. There is only one such provision under Section 197 of the Code of Criminal Procedure which provides some protection to police personnel. This is done through the requirement of prior government sanction to prosecute any individual in court for any actions which were seemingly taken in an official capacity (Chana). Other than that, Section 46 of the same dictates that the police officers may resort to violence if and only if they are defending themselves and others, or if the person in question has been accused of a crime punishable by death or imprisonment for life (Chana). There have also been rulings by the Supreme Court and several High Courts, to frame a new Police Act and instate professional accountability mechanisms respectively in order to ensure higher accountability of police (Chana).
Moreover, international laws and treaties have also been issued over the past few years to regulate and govern the use of violence by police personnel. The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (BPUFF) states that the use of force by any law enforcement official should only be a last resort, a similar mandate to the conditions laid down in Section 46 of the Code of Criminal Procedure of India (OHCHR). There is also the fact that India is the signatory of both the Universal Declaration of Human Rights and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which are aimed at protecting the human rights of individuals around the world, even those who have been convicted of varying degrees of crimes (OHCHR). However, as the number of cases of police brutality and custodial deaths continue to increase in the country, it is painfully visible that neither the domestic laws nor the international treaties are actually invoked or implemented.
The mainstream media, too, has become complacent and prefers to report more on events which would garner an audience, as opposed to reporting on the injustices occurring in the country, completely overlooking their role as a form of checks and balance on the government (Roy). Instances of police brutality have been grossly normalised in our society, with police officers seeing no wrong in being violent when dealing with criminals, and the public allowing the outcries against such acts to fizzle out in a matter of mere weeks. The horror of police brutality is either covered up by officials and doctors, or they are forgotten about, largely due to the fact that the victims often belong to the lower economic classes of the society (Roy).
Amongst the several problems plaguing India, the use of undue and excessive violence by the law-appointed protectors of the citizens is a pressing issue that needs to be tackled, and fast. However, the trajectory with which the situation is proceeding offers a very bleak and frightening picture for the future. The sheer lack of initiative and ignorance on the part of the government in both implementing existing laws, and creating new ones, is unacceptable. Such behaviour paves way for a question that sends shivers down the spine; In a world where your protectors are your biggest fear and those with political power turn a blind eye, who do you turn to?
Works Cited
“Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.” OHCHR, OHCHR, 1990, www.ohchr.org/en/professionalinterest/pages/useofforceandfirearms.aspx.
“Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.” OHCHR, OHCHR, 26 June 1987, www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx.
“Police Brutality, a Legacy of Shame in India.” DtNext.in, DtNext, 29 June 2020, www.dtnext.in/News/TopNews/2020/06/29004907/1238314/Police-brutality-a-legacy-of-shame-in-India.vpf.
Chana, Arvana. “The Horror of Police Brutality in India.” Varsity, Varsity, 31 July 2020, www.varsity.co.uk/opinion/19650.
Daruwala, Maju. “There Isn't Anything 'Shocking' About Official Apathy in the Jayaraj-Bennicks Case.” The Wire, The Wire, 23 Oct. 2020, thewire.in/rights/jayaraj-bennicks-torture-murder-apathy.
Moore, Leonard. “Police Brutality in the United States.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 8 July 2016, www.britannica.com/topic/Police-Brutality-in-the-United-States-2064580.
Roy, Harsha. “On Police Brutality: A Spectre That Has Haunted India For Decades.” Youth Ki Awaaz, Youth Ki Awaaz, 14 July 2020, www.youthkiawaaz.com/2020/01/on-police-brutality-a-spectre-haunting-the-nation/.
Sengupta, Anwesha. “Calcutta in the 1950s and 1970s: What Made It the Hotbed of Rebellions?” Sahapedia, Sahapedia, 8 Aug. 2019, www.sahapedia.org/calcutta-1950s-and-1970s-what-made-it-hotbed-rebellions.
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