Introduction
There are several videos floating on social media channels which are depicting police officers beating up people who are violating the lockdown rules and moving out of their houses. There are some extreme scenarios in which migrant workers, people providing essential services have been beaten up by the police. Some governments like that of Andhra Pradesh have gone further and have given shoot on sight orders to police officials against people violating the orders.
Lack of legal backing to the acts of the Police Officials
The government has not enforced a blanket ban on the movement of people during the lockdown. If one is going to buy essential services or provide essential services there is no violation of the lockdown. The police have the right to ask ask why one is out of their home, and depending on where one is, police can ask to show a curfew pass or some form of ID.
Earlier the government urged people to desist from panic-buying and hoarding of essential goods such as food and medicine. Now the government cannot restrict the movement as people have to go out to fulfill basic requirements. The police should also understand the reason for such movements.
The government has imposed the lockdown under the Disaster Management Act. While there are penalties under the Disaster Management Act for violations of any orders pass by the relevant authorities. It include up to two years of jail time – these punishments can only be impose after conviction by a court. The same goes for a penalty under Section 188 of the IPC- disobedience of a public servant.[1]
Even an FIR cannot be file against the violation of lockdown; a complaint has to be file through the National Disaster Management Authority (NDMA). Thus, police officials can clearly be seen to overextending their authority. However, if the public does not obey the order at all and create hindrances in the work of police. Then the police can file a complaint against one for obstruction of public servants; in doing their duty – for which, if convicted, one could face up to 2 years of imprisonment.
A shoot on sight order, recently given by Andhra Pradesh CM, is absolutely illegal. This would not allow the police to ascertain whether someone was out to buy essential goods or for a medical emergency or to provide an essential service and so would not possibly be allowed. Moreover in the judgment in the case of Jayantilal Mohanlal Patel v. Eric Renison And Anr., it has been held that police have no authority to shoot at anyone for a mere breach of the curfew order.
Conclusion
Police misbehavior can have long-term adverse effects. It makes the people lose any modicum of respect for an important arm of the state and engenders potential lawlessness in the minds of citizens. People should report such illegal cases of beating by police officials and bring the matter to courts is a clear violation of the fundamental rights of the people. Though there is a countrywide lockdown, an emergency has not been declared yet and fundamental rights have to be protected by the state.
Even in cases of emergency, Article 21- Right to life will be valid. At the same time, it should be kept in mind that it is the first time that the police are facing such a situation and there are bound to be confusions regarding what is essential and what is not. In this face of tragedy, we should also respect and salute the tireless work done by the police officials.
References:
- https://www.thequint.com/news/india/coronavirus-lockdown-india-faqs-police-power-beating-arrest-jail-violations-essential-goods-essential-services
- Jayantilal Mohanlal Patel v. Eric Renison And Anr 1975 CriLJ 661.
- https://thewire.in/government/lathi-police-brutality-coronavirus
- https://www.livemint.com/news/india/coronavirus-pm-modi-appeals-to-citizens-to-stop-panic-buying-11584631214288.html
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