Unacceptable In Modern Democratic Society: Kerala High Court Directs Police Force To Treat Citizens With Respect, Warns Against Use Of Derogatory Language

The Kerala High Court recently observed that instances of allegations about the police disrespecting the citizens were arriving at its doors with alarming regularity and therefore issued certain general directions in its judgment.

Therefore, it was ordered that the use of disrespectful words to address citizens cannot be tolerated or permitted and directed the State Police Chief to file a report with the steps taken to ensure the same.

Justice Devan Ramachandran issued the order while disposing of a petition filed by JS Anil alleging harassment by police who went to the extent of subjecting his minor daughter to verbal abuse.

A significant portion of the Order read thus:

"It may not require this Court to speak with great elaboration or expatriation when I say that the afore words if used to address citizens by Police Officers, is anathema to a civilised and cultured force and are the relic of the colonial subjugatory tactics. Certainly, they have no place in a free country marching in pace with the needs and requirements of the 21st century. Use of these and such other words to address citizens by any Police Officer is wholly impermissible and therefore, it is now imperative for this Court to declare that such use by any member of the Force is contrary to the constitutional morality and conscience of our country and is antipodean to the ethos of a democratic system. It is so declared." 

Factual Backgound:

The plea had accused the Sub Inspector of Police of harassing the petitioner constantly and even attempted to foist various complaints against him. 

Advocate Ansu Sara Mathew appeared for the petitioner in the matter. 

However, Government Pleader E.C. Bineesh representing the respondent objected to this submission and produced an Action Taken Report to support the objections. 

It was argued that once when the Sub Inspector was on Covid enforcement duty, the petitioner's daughter and other people were seen gathered in the former's Supermarket violating the COVID–19 protocol. 

Therefore, he had issued a notice to them and explained the necessity of complying with the said protocol.

It was further submitted that the petitioner was found at the same spot on a later occasion without a mask or following the social distancing norms.

Here the respondent SI imposed a fine of Rs.500/- on the petitioner under the provisions of the Kerala Epidemic Disease Ordinance, 2020.

It was also alleged that the petitioner continued to violate the Covid -19 protocol with impunity. Consequently, the Sectoral Magistrate issued him a notice on 24th May 2021 and imposed a fine of Rs.2,000/-.

The criminal antecedents of the petitioner were also disclosed before the Court, praying for the dismissal of the petition.  

Findings of the Court

Upon finding that the averments in the Action Taken Report were not substantiated, the Court had called for an additional report to be placed before it. 

It was submitted in this new Report that the SI had not used abusive language against the petitioner's daughter and the statements of eyewitnesses were also recorded. 

In the order that was published today, the Court however expressed its dissatisfaction with the additional Report and found that there were several loose ends in it.

"...both the Action Taken Reports have attempted to cast aspersions on the petitioner, to project him as a person who is a virtual habitual offender. The conduct of the petitioner is not relevant to this case because even if it is assumed that he is so, no Police Officer can transgress the perimeters of decency."

Not commenting any further on this, the Court went on to address the bigger issue at hand.

The Bench declared that although the Police Authorities are obligated to enforce the Covid protocols, they were expected to do so with humanism and in full compliance with civilized behaviour.

"One aspect that singularly troubles the mind of this Court is the allegation of the petitioner that the Sub Inspector used abusive language against his minor daughter on the accusation that she had not complied with the COVID–19 protocols."

The fact that citizens still march to the Court aggrieved by being verbally abused or treated with indignity by Police Officers was a reminder that it needs to be taken with the seriousness it deserves by the Director-General of Police, the Court reiterated.

The Bench also observed as such:

"When the entire world is reeling under the deleterious effects of COVID–19 pandemic, there can be no doubt that the citizens have to comply with the Protocols put in place, but this cannot be done - for whatever be the reasons - in violation of civilized behaviour and in contravention of the requirements of decency and civility, which are inbuilt into the system of policing in a cultured society."

The court directed him to file a report explaining the steps taken in this regard within two weeks.

The court asked the registry of the High Court to list the report before the Bench appropriately to verify compliance and for consideration if any further orders become necessary on this aspect.

"It is now imperative for this court to declare that such use by any member of the force is contrary to the constitutional morality and conscience of our country and is antipodean to the ethos of a democratic system." 

Accordingly, it was ruled that the use of disrespectful words to address the citizens cannot be tolerated or permitted. 

The State Police Chief was therefore directed to issue necessary instructions, by way of a Circular or otherwise, to all members of the Force under his command that they shall address the citizens using acceptable vocatives.

Case Title: Anil J.S v. State of Kerala & Ors

Click Here To Read The Order