Satwant Singh Rissam
With effect from 25th March a 21-day nationwide lockdown was imposed, to fight the corona virus outbreak in India, by Prime Minister Narendra Modi. Subsequently, all the essential services were exempted from this lockdown and restrictions were put only on the movement of the people during these 21 days to ensure containment of corona virus. In order to impose nationwide lockdown, cops of Jammu and Kashmir police in various ranks have been deployed on ground for enforcement of lockdown. Meanwhile, police has registered more than 200 FIRs against lockdown violators in Jammu and Kashmir for defying the orders issued by the government.
However, in past few days there had been many cases of publicly shaming violators during the implementation of lockdown in Jammu and Kashmir. Numerous videos and pictures have surfaced showing police making the violators crawl and making them do sit-ups. During the ongoing public shaming, police is also putting stamps reading ‘corona lockdown violator’ on hands and fore heads of the people. This stamping is done with permanent ink that takes around 15 days to erase. In some cases, the policemen are also using ‘lathi’ as a means of deterrence. Under the Ministry of Home Affairs guidelines provisions to be invoked for the smooth implementation of the lockdown states that “any person violating these containment measures will be liable to be proceeded against as per the provisions of section 51 to 60 of the Disaster Management Act, 2005, besides legal action under section 188 of the Indian Penal Code.” It appears that all these police personnel are not aware of the conditions set by the Ministry of Home Affairs. The section 188 of the Indian Penal Code does not authorize any police officer to publicly shame or inflict physical damage on any person found violating this lockdown. And as the news of the 21-day nationwide lockdown has been widely circulated, no one can raise the defense of ignorance during this period and can be very clearly booked under section 188.
So the alternate method adopted by the police reflects inhumane and insensitive dealing with violators during the prevailing restrictions. We all agree that maintenance of law and order is duty of the police and these police personnel are at the risk of catching the virus themselves but overstepping statutes is also illegal. It also amounts to violation of human rights at the hands of police. Such lockdown is being instituted in many countries across globe but no such circumstances reflecting this kind of intention of the police has come in the limelight. In addition to it, the seriousness of the virus cannot justify the use of such methods against those who are out of their homes to get essential goods. Such misconduct by police even erodes the faith of many law abiding persons in the police system. Therefore, humiliating the citizens is completely unjustified.
Hence, in this difficult situation the administration should direct the police personnel to exercise maximum restraint, especially in cases of individuals who are moving out for essentials. All possible steps should be taken to sensitize the police personnel and warning should be issued to them against taking the law into their hands. It should be made very clear that such shaming and punishment to violators won’t be allowed because no society can tolerate such visuals and where ever needed, violators should be booked under the relevant law.
Besides, to control the fear about the uncertainty revolving around the term of the lockdown immediate steps should be taken to provide doorstep delivery of essential goods and services to people in all areas of Jammu. Only such step can restore confidence in people that they shouldn’t start hoarding goods as everything will be delivered timely at home without going out.
Furthermore, continuous appeals should be made to the people to stay at home during the lockdown. People should be reassured that in case of emergency police and civil administration will reach them at their homes. At this time of medical emergency, the central and Jammu and Kashmir UT authorities are working in coordination for containment of corona virus and such behavior of the police can end up creating a panic. Moreover, public compliance cannot be obtained by shaming and insensitive dealing with violators in order to combat corona virus successfully.
feedbackexcelsior@gmail.com
Follow our WhatsApp channel
