Cop, Cop, Manipur Cop

Basantakumar Wareppa *

Students and police clash at DM College demanding for implementation of Inner Line Permit :: July 24 2014 :: Pix - Deepak Oinam

The pitiless torture, assault and inhuman treatment on young Manipuri students and people by Manipur Cops for their legitimate demand for Inner Line Permit System have been shocking to many concerned citizens. Many friends of mine whom I met a few days ago insisted me to convey their condemnation for the unjustifiable act perpetrated on students.

I once again reiterate that any act of torture and preventing such an act from recording it by a journalist can never be justified under any circumstances. I appreciate the immediate response from Deputy Chief Minister by apologising to media persons over the incident of snatching a video camera from a journalist and derogatory remarks against media by a lady MPS officer.

I tend to see that this incident is neither to be the first nor is it going to be the last unless appropriate action is initiated. It would have been even more appreciated if the Deputy Chief Minister had at least mentioned anything about the torture and assault on the outnumbered students by his Cops.

Habitually trigger-happy cops of this State have quite often faced severe criticism for killing people without judicial sanction, dispersing or managing both lawful and unlawful assemblies, controlling crowds, etc. In view of the recent serious protests and ongoing Assembly Session it may be an immediate and appropriate need for the Cops to exercise restraint even under grave provocation.

But it is very doubtful if the Cops ever tried to counsel those students or protestors who assert rightful demands with accepted methods of crown management. Right to assembly without arms is the constitutional rights for the citizens and the same is guaranteed under Article 19 (1) (a &b) of the Constitution and UN treaties which India is a party to.

Cops must be sensitive in dealing with a particular situation and exhaust all channels before resorting to force in any scale. Past attitudes or practices of these Cops has shown the inept handling of any situation at the first stage resorting to available non-violent means. It is essential for the senior law enforcement officials to issue proper guidelines and ensure that force is used only as a last resort. People expect at least standard service and therefore the cops must have the capacity for negotiation with the organisers or leaders of protestors to arrive at an amicable settlement.

Prior to resorting to any force, it is mandatory to properly assess the whole situation and actual problems otherwise any hasty action might go out of control and which is very often construed post facto as justifying their act. It is not denying the fact that in the event of teargas becoming ineffective, the sprinkling of water may be also remains ineffective; then lathi-charge may be resorted to. However, it does that mean that cop can justify their excessive acts and brutality.

United Nations guidelines, the Basic Principles for law enforcement agencies affirm the fundamental principles of necessity and proportionality. These principles require, respectively, that force should be used by police only when strictly necessary for law enforcement and maintaining public order, and that the application of force should be proportional, i.e. force should be applied only to the extent required for the legitimate ends of law enforcement and maintaining public order.

This Principle also affirms that injury or death from the use of force or firearms must be reported to superior officers, and any arbitrary or abusive use of force must be dealt with as a crime. Exceptional circumstances or public emergencies do not justify departure from the Principles. Same much also be the case in India, where, prima facie, the guilt of the erring policemen is found beyond doubt, the senior police officer at the spot should order their suspension followed by legal/departmental action.

The Manipur cops are reminded that they are presently under the close scrutiny of the Supreme Court for excessive use of force. It would be prudent for the government’s Home Department to effectively prevent further legal scrutiny immediately by taking up timely and strict measures so that such incidents of cop brutality do not happen again in the future.