Brief of Callous Conduct of Constabularies amidst Lockdown 1.0

An unarmed, peaceful protest procession in the land of the “salt satyagraha”, fast-

unto-death and “do or die” is no jural anathema.

– Justice K.V. Krishna Iyer

It’s certain, that Indian democracy even though being the largest and most populous in the world has certain imperfections that none can neglect. The democratic system is characterized by many expansive qualities including cooperation and formal standards about strategies, like, elections. But for most of the people, it is not true, rather it is also not true for the police agency; the agency of the

government that the citizens are familiar and to whom they come in contact with.

Now you may be wondering why? Because police in a democracy are responsible for maintaining Law and Order, forming the first line of defence. However, the conditions under which police works, the methods they use, and the ends they look for vary extraordinarily among democratic and non-democratic societies. Also, the measures taken by the police and the degree of strikes vary dramatically.

While the entire world was already suffering from Covid -19, Indian government took the most appropriate step by having a lockdown in the entire country, calling it a 21 day coronavirus lockdown, to curb the situation and save its people. Amidst, the authority was given to the police department to maintain law

and order. Keeping its foot on 25th March, it came in India to save its people. While the internet showed all kinds of news, Videos and theories , Reports about police authorities misusing the power given to them by beating citizens for mere going out for daily requirements are also been surfaced. But how much truth does it hold?

According to the sources, the act of police crossed the limit when they are seen slapping doctors as well. Though they might all not hold any truth but it caused certain discomfort amongst the people. But every strict action taken by the government holds necessity. The government has done an amazing job by using its police force to curb the outgoing of people. As we all know that social distancing is the only way of making things alright due to no known treatment available. The

police have been given the power to question each and every person they come across with. Some ministers seem to take dictatorship in their hands by giving “shoot at sight” orders for anyone who disobeys the law. Although in the judgment in the case of Jayantilal Mohanlal Patel v. Eric Renison Anr.*1

It is held that no police agency has the authority or abides to shoot anyone on the mere ground of

disobeying the curfew order. As the government suggested that we have to draw Laxman Rekha at our doors, daily need products are not yet provided to the people, thus they are going out. Apart from them, the daily wagers who have come to a different part of the country in search of food are now stuck and rioting. The police are bound to perform lathi charge over them necessarily. A home delivery boy being affected by the virus had caused chaos and people are afraid to order things online. Thus

having no choice but to go out! The greatest example of all times being in Ramayana, where Hanumanji brought the Sanjivini only during the crises, while the rest of the army of Lord Rama fought on their own and died. Neither the invocation of section 144 under the different State orders nor the Prime Minister pronounces what is the lockdown nor curfew at the time of pandemic perse, which puts up a question in mind whether the present lockdown is constitutionally valid? Whether using physical force is enforceable under the eyes of the law? Indeed, the State has the power to order such a lockdown if it benefits the public at large. So as the Article 21 says, without life, there can be no liberty. Thus, it paves the way for all other rights to exist, which in turn describes the very

qualities of the police even today, presupposing the criminal rein in the society, which ultimately needs a reform to its effect.

This Article is written by Tufel Sharif. He is currently pursuing his B.A.LL.B. at Raisoni University, School of Law and he is in his second year.