11 May,2020 07:05 AM IST | Mumbai | Samiullah Khan
A video of the Oshiwara police forcing morning walkers to do sit-ups for violating the lockdown was recently put up on Twitter
The Bombay High Court has ruled that the police cannot resort to physical violence while dealing with lockdown violators. The Nagpur bench of the Bombay HC was hearing a PIL that alleged that certain police personnel were guilty of gross violation of human rights as they subjected lockdown violators to 'inhuman indignities'.
Justice Rohit B Deo of the Nagpur bench was hearing the PIL filed by Sandip Madhu Nair, which said that morning walkers and senior citizens were being publicly humiliated. They were photographed holding placards declaring they were enemies of the nation. Moreover, photographs of the lockdown violators have been published in prominent newspapers, and had gone viral on social media. Nair also alleged that as a law enforcing agency the police are entitled to take all possible measures within the ambit of the law to enforce the lockdown but humiliating a citizen is infringement of constitutional rights guaranteed under Article 21.
Justice Deo also observed, "I have come across several newspaper reports on the unusual and humiliating punishments meted out by police. The court has no reason to suspect the intent. However, the end does not necessarily justify the means." Furthermore, the court directed the police not to take any extra legal measures to such punishments for violators of the lockdown.
Advocate Vijay Shukla, practising in the Bombay HC, said the police are empowered under 188 of IPC Act and also under the Epidemic Diseases Act.
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"Article 21 provides for protection of life and personal liberty. The police are already working in extreme conditions but they should keep in mind that IPC has relevant provisions for the violators of lockdown. So instead of clicking pictures, beating and humiliating the citizens, the cops can take the help of provisions of IPC and punish the violators accordingly," said Vishal Satyaprakash Saxena, advocate, the Supreme Court of India.
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