Lathi Charge: A legalised method of police brutality

"Every blow on our bodies this afternoon is like a nail driven into the coffin of British imperialism." These were the precise words of Sher-e-Punjab Lala Lajpat Rai when he got brutally "lathi-charged" by the law enforcers of Colonial India while he was protesting against the Simon Commission in October 1928. 

Punjab Kesari Lajpat Rai eventually succumbed to his injuries, and his death gave off the spark for vengeance in the heart of numerous Indian revolutionaries. In December 1928, Shahid-e-Azam Bhagat Singh and his compatriot Shivam Rajguru assassinated the Lahore Assistant Superintendent of Police (ASP) John Saunders to avenge the murder of their mentor.

"Lathi-Charge" has remained one of the most brutal and sensitive issues for Indians since the bygone days of the Indian National Movement. Thus, even after 75 years of liberation, India and her children continue to writhe under pain brought on by police brutality and paranoia.

Both the Indian Penal Code (IPC) and the Code for Criminal Procedure (CrPC) maintain that the police can use "lathi-charge" to quell the masses in very selective and precise turn of events. Even there, the Bureau of Police Research and Development (BPRD) has mentioned that the aim of a "lathi-charge" must only be to "scatter" the crowd and NOT assault them.

Despite these provisions, ordinary people have lost their lives under "lathi-charge" and intense police crackdown. Let us evaluate the nuances associated with a legitimized aspect of police brutality.

Decoding the generic pattern that leads up to "Lathi-Charge"

In this article, we need not illustrate any specific case to present the nuances associated with this topic. The use of "lathi-charge" and the lead-up to it has become so apparent that the majority of these cases can get categorized by the following:

- There is usually dissent among the people on their respective governments regarding their inefficiency or corruption. These protests are generally against Recruitment Scams, Load Sheddings, Abuse of Power by the Government, or any dubious law;

- Students, Activists, and 'common' people assemble to demonstrate their dissent regarding the same;

- The police forces get deployed, and they position themselves in a stance to unleash on the cue of their high command;

- Protests intensify due to rumors and fake propaganda, and the police strategically invoke CrPC 144 to unleash and repress the dissenters.

- Clashes unfurl, and the people and police both undergo casualties. Lives get lost, and politicians weep crocodile tears to come off clean.

Thus in the world's largest democracy, "Lathi-charge" has become the conventional way of gagging people and preventing outcry.

What are the legal provisions for "lathi-charge" in India?

If the police get required by the state to prevent any damage to ‘law and order,’ they can invoke the CrPC 144 to crack down on "public dissenters." The precursor for police crack-down is enshrined in the IPC section 140.

IPC 140 gets invoked if: 

- more than five people assemble intending to use unlawful force to intimidate the central or state authority;

- such assembly tries to obstruct the executive from implementing the rule of law;

- such a group tries to seize someone else's property or prompt someone else into doing something unlawful.

In cases like this, the police forces get entitled to invoke the CrPC 144 whereby:

- first, the police must warn the dissenters to give up their protest;

- if the dissenters do not wane, the police can use tear gas to disperse the crowd;

- Finally, if the mob continues to pose a threat, the police may "lathi-charge" them but it must not retort to a lethal assault.

Usually, only a senior police officer can instruct the sepoys to carry a "lathi charge." However, even while using assault, the police must exercise caution from striking a blow at a person’s head. 

What rights do we have to protect ourselves from "lathi charge"?

It is generally advisable to vacate the area demarcated under CrPC 144, as the police need no justification to land their blows once instructed to do the same by a senior police officer. One can approach a police officer and can put forth a conciliatory appeal, but the police can use their judgment and act as the situation might demand.

Should an individual put up a direct resistance against the police, he can get brought to book under two provisions:

- If he tries to obstruct the functioning of a public servant (police, in this context), IPC 186 can get invoked. Here, the accused may face up to 3 months of imprisonment plus can get charged a fine;

- If he tries to assault a public servant, IPC 152 gets invoked, and the accused may face up to 3 years of imprisonment.

Both offences are bailable, and the Supreme Court has placed these under the "non-serious" category. Honourable Count maintains if any section of the IPC contains the provision for imprisonment below seven years, the police cannot directly arrest the accused. The police must issue a notice first and then invite the accused to join the investigation.

Is there an alternative?

In the course of policing, numerous non-confrontational methods of disbursing an angry mob have got identified. As it happened in a district of Uttar Pradesh, frustrated by prolonged load sheddings, an angry mob had gathered outside the district power station threatening to put the building on fire.

With every passing minute, the mob intensified, and there were enough indications that the situation could spiral out of hand. The Superintendent of Police (SP) of the concerned district reached the arena and employed a very subtle mechanism to deal with the unrest.

Instead of intimidating the mob, the SP calmly assured them that he would be waiting with them until the problem got fixed. He peacefully listened to the dissenters and empathised with their distress. Soon, they started having a good-natured conversation about football tournaments and other similar topics with their SP. In no time, their fury waned, and the dissenters returned to their place without engaging in any violence. 

Hence, there is a very amicable alternative to the 'lathi charge,' only if politicians abstain from invigorating the dissenters for political gain. According to the Bureau of Police Research and Development (BPRD), 'lathi charge' is the last option when all other means of fostering the 'rule of law' have failed.

The way ahead:

We must realise that most of these incidents unfurl because of undue pressure from political juggernauts. Since police forces are accountable to local governments, they get left with little choice other than following orders passed on to them through the hierarchy. 

In India, police officers are overworked and underpaid. Hence, a more sensible approach to deal with this matter would be to hold the lawmakers accountable for not filling the required vacancies in time. If decentralisation of power is enshrined in the pages of our constitutions, why doesn't the government provide the police forces with reasonable autonomy? 

Unless competent police officers of India get the power to utilise their proven experience and knowledge without any condescension from power-hungry politicians, the cycle of dissent, lathi charge, and anarchy will prevail. 

https://digpu.com/opinion/lathi-charge-legalised-method-of-police-brutality