Force of law: On the Delhi police

The extent and the nature of police action, which continues in Delhi against student protesters, remain a matter of grave concern for India’s democracy. The Supreme Court of India is seized of the matter, but it has done little so far to restrain the police, which appears to be acting outside of the law. To have an independent inquiry that examines the allegations being raised — as is being considered by the Court — is one thing. But an accountable police force would have swiftly acted to preserve its own honour and reputation, considering what is already available in the public domain. Its male officers in uniform appear in videos slapping a woman protester, and attempting to bring down a lathi on the private parts of a girl. The Delhi police is actively pursuing protesters who were apparently present at the protest site, using facial-recognition and other surveillance technologies, the legality of which remains dubious and controversial. Yet, it has offered no response regarding the identity of the officer seen openly assaulting a young woman at a public gathering. The Delhi police would not require any software or Court intervention to identify and hold its own personnel accountable. All it needs is professionalism and a strict adherence to the principle of the rule of law.

There is also a simultaneous law-enforcement sweep against freedom of expression, both online and offline, targeting critics of the government. The police appears eager to proceed against people merely for saying something. Abusive language has indeed been used by some content creators against government functionaries. If any of that warrants police action, the applicable law should be clearly cited, and due process should be followed transparently. Instead, there are reports of arbitrary police action that appears intended more as intimidation than law enforcement, targeting protesters, their families and, in some cases, even social media platforms. At the same time, the police seem uninterested in acting against online mobs that are threatening and abusing the protesters. The Delhi police has maintained that criminals infiltrated the protests. Those involved in violence must certainly be identified and brought to justice in accordance with the law. The force has also not explained the circumstances under which pellets were fired at protesters. Police practices must adhere to established rules and standards, and any breach must be dealt with firmly. This is an occasion for both the Centre and the Court to underscore a basic constitutional principle: nobody, including the police, is above the law. The government should not appear to have gone back on its promises to the agitating students, who called off the protests once their demands were met. That would only entrench cynicism and deepen resentment among the youth who turned up in their thousands at Jantar Mantar.