Caught on camera: on the use of force at Jantar Mantar
Supreme Court agreed to hear complaints of police excesses against student protesters at Jantar Mantar.
## UPSC CSE Context ### Why in News Supreme Court agreed to hear complaints of police excesses against student protesters at Jantar Mantar.
### Syllabus Connection GS Paper 2: Governance, Polity, Fundamental Rights, Role of Judiciary.
### Exam Relevance Highlights police accountability, judicial intervention, and fundamental rights violations, relevant for Mains answer writing on governance and ethics.
## Core Issue Police brutality against peaceful protesters caught on camera.
### Key Development Videos show uniformed and plainclothes personnel using excessive force, including sexual assault.
### Stakeholders - Delhi Police - Supreme Court of India - Unidentified vigilantes
## Static Knowledge ### High-Value Background - Article 21 guarantees right to life and personal liberty, which includes right against torture and inhuman treatment. - Police forces in India operate under the Police Act, 1861, with limited accountability mechanisms.
### Exam Linkage - Useful for questions on police reforms, fundamental rights, and judicial oversight in maintaining rule of law.
### Concepts in Context - Proportionality in use of force requires that police action be commensurate with the threat posed. - Custodial violence and public order policing are governed by guidelines in D.K. Basu v. State of West Bengal.
### Institutions and Mechanisms - National Human Rights Commission (NHRC) can inquire into complaints of police excesses. - Supreme Court exercises writ jurisdiction under Article 32 for enforcement of fundamental rights.
## Dynamic Analysis ### Constitutional/Legal - Excessive force violates Article 21 and the right to peaceful assembly under Article 19(1)(b). - Supreme Court's intervention underscores the judiciary's role as a check on executive excesses. - Lack of accountability for past incidents (JNU, Jamia) indicates systemic impunity.
### Governance - Police brutality erodes public trust in law enforcement institutions. - Absence of independent oversight mechanisms allows repeated violations. - Use of unidentified personnel suggests possible deployment of vigilantes, blurring lines of accountability.
### Ethics - Sexual assault by police reflects a breakdown of ethical conduct and human dignity. - Targeting women and children raises questions about moral responsibility of the state. - Public servants' duty to protect citizens is undermined when they become perpetrators.
## Prelims Takeaways - D.K. Basu guidelines relate to arrest and detention procedures to prevent custodial violence.
## Mains Value Addition ### Arguments - Police reforms are essential to ensure accountability and adherence to rule of law. - Judicial intervention is critical when executive fails to protect citizens' rights. - Impunity for past police violence emboldens future misconduct. - Use of force must be proportionate and authorized under law.
### Examples - 2020 JNU campus attack and 2019 Jamia library assault show pattern of police inaction or excess.
### Data Points - Protests included teenagers, families with toddlers, and women, indicating peaceful nature.
### Counterpoints - Police may argue necessity of force to maintain public order, but videos suggest disproportionate response. - Unidentified personnel complicate attribution and legal proceedings.
## Way Forward - Constitute an independent inquiry to identify and prosecute all perpetrators. - Implement Supreme Court directives on police reforms, including separation of investigation and law and order. - Strengthen NHRC's powers to investigate police excesses suo motu. - Mandate body cameras and strict protocols for use of force during protests. - Ensure fast-track courts for cases of sexual violence by state actors.
UPSC relevance
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