Vasai Lathi-charge was against the Law:
I am shocked to see lathicharge videos on IBN Lokmat news by police in Vasai. The views on display on television were blood curdling. Police were using the lathi as a weapon to inflict punishment, not dispersing the crowds. However, my sense do not support for any violence by any demonstrators for any cause. In the same breath, police violence is equally despicable. Under no circumstances can it be tolerated and it is surprising that Indian courts have not been involved in curbing this by the use of public interest litigations.
By no means police hands should be tied so that crowds can run rampage but it has to be bare minimum, not going to harm anybody with the stick. It is as if the Indian police continue to carry the tradition of the use of the stick as a punitive instrument fashioned by the colonial British against Indians.
I was not there at vasai at that time but have seen fractures of Vijay Machado & Milind Khanolkar and many other villagers from wagholi to conclude that there was excessive force. Before we dilate on that, here is a quote from police in the newspaper saying that “they have taken action in accordance with the law”.
The law
But, according to the law, lathi-charges are not meant to be punitive action. If you had seen what was happened in Wagholi village, you would be convinced that people who had inside their houses were also beaten brutally. According to standards and procedures for using lathi is strictly for crowd control in that the crowd has to be dispersed before a serious law and order develops. That is why when any dissent is organised, the police are there in a show of force, hoping that would itself be deterrent enough.
As per code of conduct the police should use the lathis to chase the people. It does not mean beat up people. In a democracy, such use of violent force by law enforce is unacceptable.
Model rules
A model set of rules adopted by the Inspectors General of Police Conference in 1964 had called for "Minimum necessary force should be used to achieve the desired object" and that the "object of such use of force is to disperse the assembly and no punitive or repressive considerations should be operative while such force is being used." Clearly, that was missing. A model set of rules adopted by the Inspectors General of Police Conference in 1964 says that when the crowd is large and the use of tearsmoke is likely to serve no useful purpose, the police may resort to lathi charge with following guidelines
· Lathi charge can only begin if the crowd refuses to disperse after suitable warning. (In vasai case people were doing agitation peacefully without harming anybody so there is no need of lathicharge in any case)
· Clear warnings of the intention to carry out a lathi charge should be given through a bugle or whistle call in a language understood by the crowd. If available, a riot flag must be raised. (Neither warning of lathicharge was given to people doing agitation nor any riot flag raised)
· If the police officer in-charge is satisfied it is not practical to give a warning, s/he may order a lathi charge without warning. (Everything was polissible & practical in vasai case, Mr.Vijay Machado had requested police for dialogue at that moment)
· Lathi blows should be aimed at soft portions of the body and contact with the head or collarbone should be avoided as far as practicable ( Mr.Milind Khanolkar & Mr.Vijay Machado had major fractures on thier hands & back, also many females including Kum.Domnica Dabre were brutally beaten by police force)
The police have done nothing to improve on the skills of its personnel to enable them to disperse crowds quickly, with minimum use of force. Such action as was happened in last week at vasai only adds to the fear and loathing people have for the man in khakhi. No wonder, a police station is no more a place of protection for the citizens and a street not a place for democratic dissent or voicing of a grievance. If the police could act so brutally on the roads in the full view of television cameras, one can easily imagine as to levels of torture practiced by them inside the police lock ups away from the public eye.
Shame on Vasai police. All culprit policemen’s should be immediately suspended & also judicial inquiry need to be carry out on them to give full justice to innocent vasaikars.
Regards
I am shocked to see lathicharge videos on IBN Lokmat news by police in Vasai. The views on display on television were blood curdling. Police were using the lathi as a weapon to inflict punishment, not dispersing the crowds. However, my sense do not support for any violence by any demonstrators for any cause. In the same breath, police violence is equally despicable. Under no circumstances can it be tolerated and it is surprising that Indian courts have not been involved in curbing this by the use of public interest litigations.
By no means police hands should be tied so that crowds can run rampage but it has to be bare minimum, not going to harm anybody with the stick. It is as if the Indian police continue to carry the tradition of the use of the stick as a punitive instrument fashioned by the colonial British against Indians.
I was not there at vasai at that time but have seen fractures of Vijay Machado & Milind Khanolkar and many other villagers from wagholi to conclude that there was excessive force. Before we dilate on that, here is a quote from police in the newspaper saying that “they have taken action in accordance with the law”.
The law
But, according to the law, lathi-charges are not meant to be punitive action. If you had seen what was happened in Wagholi village, you would be convinced that people who had inside their houses were also beaten brutally. According to standards and procedures for using lathi is strictly for crowd control in that the crowd has to be dispersed before a serious law and order develops. That is why when any dissent is organised, the police are there in a show of force, hoping that would itself be deterrent enough.
As per code of conduct the police should use the lathis to chase the people. It does not mean beat up people. In a democracy, such use of violent force by law enforce is unacceptable.
Model rules
A model set of rules adopted by the Inspectors General of Police Conference in 1964 had called for "Minimum necessary force should be used to achieve the desired object" and that the "object of such use of force is to disperse the assembly and no punitive or repressive considerations should be operative while such force is being used." Clearly, that was missing. A model set of rules adopted by the Inspectors General of Police Conference in 1964 says that when the crowd is large and the use of tearsmoke is likely to serve no useful purpose, the police may resort to lathi charge with following guidelines
· Lathi charge can only begin if the crowd refuses to disperse after suitable warning. (In vasai case people were doing agitation peacefully without harming anybody so there is no need of lathicharge in any case)
· Clear warnings of the intention to carry out a lathi charge should be given through a bugle or whistle call in a language understood by the crowd. If available, a riot flag must be raised. (Neither warning of lathicharge was given to people doing agitation nor any riot flag raised)
· If the police officer in-charge is satisfied it is not practical to give a warning, s/he may order a lathi charge without warning. (Everything was polissible & practical in vasai case, Mr.Vijay Machado had requested police for dialogue at that moment)
· Lathi blows should be aimed at soft portions of the body and contact with the head or collarbone should be avoided as far as practicable ( Mr.Milind Khanolkar & Mr.Vijay Machado had major fractures on thier hands & back, also many females including Kum.Domnica Dabre were brutally beaten by police force)
The police have done nothing to improve on the skills of its personnel to enable them to disperse crowds quickly, with minimum use of force. Such action as was happened in last week at vasai only adds to the fear and loathing people have for the man in khakhi. No wonder, a police station is no more a place of protection for the citizens and a street not a place for democratic dissent or voicing of a grievance. If the police could act so brutally on the roads in the full view of television cameras, one can easily imagine as to levels of torture practiced by them inside the police lock ups away from the public eye.
Shame on Vasai police. All culprit policemen’s should be immediately suspended & also judicial inquiry need to be carry out on them to give full justice to innocent vasaikars.
Regards
Sachin Mendes
Reference: 1) Website of Human Right commission
2) Article by Mr. Mahesh Vijapurkar
3) Article in various Newspapers/Internet
Reference: 1) Website of Human Right commission
2) Article by Mr. Mahesh Vijapurkar
3) Article in various Newspapers/Internet
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