Police Powers, Protesters' Rights, and Law on Use of Force in India
UPSC / SSC current affairs note · Polity
Why in news
Allegations of police brutality during the recent Cockroach Janta Party (CJP) protests in Delhi have reignited debate on the legal limits of police force. The lack of a comprehensive statutory framework and varying state practices highlight the need for clarity on constitutional safeguards.
Background
India has no single comprehensive law governing police use of force during protests. Courts have evolved principles through precedents, but operational protocols remain fragmented across state police laws, manuals, and executive orders.
Key facts
Neither the BNSS nor the BNS contains any provision mandating body-worn cameras or compulsory videography of crowd-control operations.
Article 19(1)(a) guarantees freedom of speech and expression; Article 19(1)(b) protects the right to assemble peacefully and without arms.
Under Articles 19(2) and 19(3), the State may impose reasonable restrictions for sovereignty, security, and public order.
In Mazdoor Kisan Shakti Sangathan vs Union of India (2018), SC held that the right to protest must coexist with rights of other citizens.
In Amit Sahni vs Commissioner of Police (2020), SC ruled that public ways cannot be occupied indefinitely.
Police powers to disperse unlawful assemblies are conferred by BNSS, but operational protocols vary across states.
Courts have emphasized principles of legality, necessity, and proportionality in use of force.
Lathi-charge, tear gas use, and recording of operations are governed by state laws and manuals, not central statutes.
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
- BNSS - Bharatiya Nagarik Suraksha Sanhita
- BNS - Bharatiya Nyaya Sanhita
- Mazdoor Kisan Shakti Sangathan vs Union of India (2018)
- Amit Sahni vs Commissioner of Police (2020)
- Cockroach Janta Party (CJP) protests, Delhi
Mains angles
- Critically examine the constitutional balance between the right to protest and police powers to maintain public order.
- Discuss the need for a comprehensive statutory framework governing police use of force during protests in India.
- Analyze the role of judicial precedents in evolving principles of legality, necessity, and proportionality in crowd control.