Citizens Not Following The Lockdown Conditions Must Not Be Subjected To Corporal Punishment For Beating: MP High Court

What Is The Ruling

• The Madhya Pradesh High Court's division bench has reaffirmed that a citizen who does not wear a mask or fails to follow social distance or lockdown measures should not be subjected to police corporal punishment.
• The bench comprising of Chief Justice Mohammad Rafiq and Justice Atul Sreedharansaid the policemen should rather counsel people by sensitising people to adhere to the pandemic protocols.

Shekhar Choudhary Vs State of Madhya Pradesh

• A public interest litigation petition was filed by one Osheen Sharma and others, seeking direction to register FIR against two Police Constables posted at the police station of Pardeshipura, Indore for infliction of merciless beating towards an innocent rickshaw puller.
• The petitioners also requested for the formation of an independent Committee or Grievance Cell for issues of power abuse by the police force.
• The rickshaw puller was beaten in an inappropriate manner because of not wearing his mask properly, the video of which become viral on social media as well.

Instances

• A similar irrational behaviour is seen in the case of an auto driver in Malwa Hills where his mask slipped down his nose while going to visit his ailing father. The police paid no heed to his circumstances or the severity of the violation and called him to the police station anyway.
• Further the counsel for Shekhar Choudhary brought to notice several other assaults including that of two journalists in Madhya Pradesh.
• Commonwealth Human Rights Initiative, an international NGO, laid down the guidelines for regarding the human rights while implementing the lockdown right from March 2020. Guidelines were laid down for the police as well. Paragraph 14 of it, expressly prohibits police personnel from doing following:Beating, threatening anyone with beating; forcing people to roll, crawl, squat, do sits ups or be made to do humiliating acts as mass punishments.

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