Apex court mulls guidelines to regulate police conduct during mass demonstrations, Pg1

Key Highlights:

• The Supreme Court indicated it may frame uniform guidelines to regulate police conduct during mass demonstrations.
• The Court emphasized the constitutional right to peaceful protest, guaranteed under Article 19(1)(b) of the Indian Constitution.
• These observations followed multiple petitions alleging police excesses during the July 20 march to Parliament and "aerial firing" incidents in Bihar.
• The Bench expressed concern over injuries sustained by both protesters and police personnel during such agitations.
• A separate petition was filed seeking a ban on the use of pellet guns for crowd control and demanding compensation for victims.

Detailed Insights:

• Senior advocates urged the Supreme Court to frame pan-India guidelines, citing widespread allegations of police excesses beyond Delhi.
• The Chief Justice of India agreed on the necessity of a Standard Operating Protocol (SOP) for managing protests.
• The Court stressed that "self-imposed discipline" from both citizens and law enforcement is crucial for the functioning of a democracy.
• Pellet guns, though often termed "non-lethal," are controversial due to their potential to cause severe and indiscriminate injuries, as seen in past protests in Kashmir and during recent events.
• The legality of pellet guns is debated, as they are not classified as firearms under the Arms Act, 1959, if their muzzle energy is below 20 joules, but their use is questioned on grounds of proportionality and necessity.
• Petitions specifically alleged disproportionate force, including lathi-charge, tear gas, and gender-based misconduct during the July 20 protests.
• One petition also sought national guidelines to prohibit plainclothes police officers from engaging in crowd control, referencing previous Supreme Court rulings on visible identification.

Key Concepts Involved:

• Right to Peaceful Protest: A fundamental right enshrined in Article 19(1)(b) of the Indian Constitution, allowing citizens to assemble peaceably and without arms.
• Police Excesses: Actions by law enforcement that involve the use of disproportionate or unlawful force, violating the fundamental rights of individuals.
• Standard Operating Protocol (SOP): A set of detailed, written instructions to achieve uniformity and efficiency in performing a specific task, here, for police during crowd management.
• Pellet Guns: Weapons designed for crowd control that fire metallic pellets, criticized for causing severe and often permanent injuries.