Police Dispersal Powers: No Statutory Limit on Force, Courts Set Tests
UPSC / SSC current affairs note · Polity
Why in news
Allegations of police brutality during Cockroach Janta Party (CJP) protests in Delhi have reignited debate on how much force police can legally use to disperse crowds. The legal framework lacks a statutory limit, relying instead on court judgments for principles of necessity, proportionality, and minimum force.
Background
Indian law empowers police to maintain public order, but the operational protocols for crowd control—like lathi-charge and tear gas—are governed by state police laws, manuals, and executive orders, leading to varying practices. Courts have stepped in to define limits through landmark cases.
Key facts
Article 19(1)(a) guarantees freedom of speech; Article 19(1)(b) protects peaceful assembly without arms.
Reasonable restrictions under Articles 19(2) and 19(3) allow state to limit these rights for public order, security, etc.
Bharatiya Nagarik Suraksha Sanhita (BNSS) confers power to disperse unlawful assemblies but does not specify force limits.
In Mazdoor Kisan Shakti Sangathan vs Union of India (2018), SC held right to protest is cherished but must coexist with others' rights.
In Amit Sahni vs Commissioner of Police (2020), SC ruled public ways cannot be occupied indefinitely.
Tests of necessity, proportionality, and minimum force come from court judgments, not statutory law.
No uniform national law governs crowd control protocols; practices vary by state.
Accountability for excessive force is resolved case-by-case due to fragmented legal framework.
Prelims pointers
- Article 19(1)(a): Freedom of speech and expression
- Article 19(1)(b): Right to assemble peacefully without arms
- Article 19(2): Reasonable restrictions on speech
- Article 19(3): Reasonable restrictions on assembly
- Bharatiya Nagarik Suraksha Sanhita (BNSS): Criminal procedure code
- Mazdoor Kisan Shakti Sangathan vs Union of India (2018)
- Amit Sahni vs Commissioner of Police (2020)
- Shaheen Bagh protests (2019-2020)
Mains angles
- Discuss the constitutional balance between right to protest and public order.
- Critically examine the adequacy of India's legal framework for police use of force during protests.
- Analyze the role of judiciary in defining limits on police powers in the absence of statutory clarity.