When Police Become Judge and Punisher: Who Will Protect Citizens from Public Humiliation and Unlawful Force?
The recent incidents surrounding protests in New Delhi have raised serious concerns about police conduct, the treatment of demonstrators and the limits of state authority. Allegations of protesters being dragged, manhandled and mistreated in public have intensified a fundamental question: are some police personnel treating the power to enforce the law as permission to punish citizens on the streets?
Police officers are entrusted with maintaining public order, preventing crime and enforcing the law. They are not judges, and an arrest is not a punishment. Slapping, abusing, humiliating or using unnecessary physical force against a person cannot be justified merely because that person is protesting, questioning authority or refusing to remain silent.
An Arrest Is Not a Licence to Use Force
Recent demonstrations in Delhi have produced allegations of excessive force against protesters, including women. News reports have described footage showing protesters being forcibly removed during demonstrations, while allegations concerning the treatment of women protesters have prompted calls for investigation. The circumstances and legality of individual incidents must be established through evidence, but such allegations demand serious scrutiny.
The distinction between lawful restraint and unlawful punishment is crucial. Police may use force when legally justified, but it must remain necessary and proportionate to the circumstances. Public anger, political disagreement or criticism of the authorities does not give an officer the right to slap, kick, threaten or publicly humiliate someone.
The Uniform Does Not Place Anyone Above the Law
India’s constitutional framework does not give police officers unlimited authority over citizens. Article 21 protects life and personal liberty, while Articles 19(1)(a) and 19(1)(b) protect freedom of expression and peaceful assembly, subject to constitutionally permitted restrictions.
The Supreme Court’s arrest safeguards in the D.K. Basu case also emphasise accountability, documentation and the dignity of people taken into custody. These safeguards exist because the power to arrest can be abused when it is not subject to effective oversight.
A police officer who witnesses a violation of the law is expected to follow lawful procedures. An officer who personally decides to impose punishment on the street crosses a fundamental boundary between law enforcement and arbitrary power.
Who Will Hold Abusive Officers Accountable?
When a citizen is mistreated by a police officer, accountability should not depend on political influence, social status or public attention. Complaints must be investigated impartially, available video evidence preserved, witnesses heard and responsibility established through a fair process.
The same principle applies whether the person detained is a student, a journalist, a woman protesting in public, an opposition supporter or an ordinary citizen with no political affiliation. The law must protect everyone equally.
A uniform represents public responsibility, not personal authority. The legitimacy of policing depends not only on the ability to control a crowd but also on the ability to exercise restraint when dealing with people who disagree with those in power.
A Democracy Must Protect Citizens from Arbitrary Power
Peaceful protest can be inconvenient for governments and demanding for law enforcement, but inconvenience is not a justification for suppressing dissent through unlawful force. Citizens must be able to question decisions, express grievances and seek accountability without fearing that an officer can punish them at will.
India’s democratic institutions are tested whenever allegations of police abuse arise. The appropriate response is neither to condemn every police officer nor to dismiss every allegation against the force. It is to insist on evidence, transparent investigations, lawful procedures and consequences where misconduct is proved.
The question is simple: if the people responsible for enforcing the law can disregard it without accountability, where can an ordinary citizen turn for protection?
A democracy cannot rely on constitutional promises alone. Those promises must be reflected in the conduct of public officials, particularly when citizens are most vulnerable. The police must have the authority to enforce the law, but no officer should have the authority to become the law.
