POLICE BRUTALITY: A SORRY STATE OF AFFAIRS

Today, cases of police brutality and harassment have become a common place in the society.
Even after strict guidelines and heavy clampdown by the Hon’ble Supreme Court of India
and various High Courts of the country, the brutalities committed by the police seem to
continue. It becomes an unfortunate reality when the people who are supposed to protect the
society and create a safe place for the people, end up harming them. A recent case which
came up before the Hon’ble Kerala High Court, displays this sad reality.

In the case, Shyny Geetha Sudheer v. State of Kerala, the petitioner sought the protection of
the Hon’ble Court after two police officers had allegedly handcuffed, chained and registered
several cases against the petitioner, who had come to the police station to merely to ask for
the receipt for a complaint he had filed earlier with the said police station in question.

The Hon’ble Kerala High Court rightly came down rather heavily on the acts of the two
police officers. The matter was before a single judge bench heard by Justice Devan
Ramachandran who used sharp words and did not shy away from expressing his anger
through the order. Although the matter was heard on 1st October 2021, the unfortunate
incident took place much before. After this assault of the two police officers, a report was
drafted by the Deputy Superintendent of Police, wherein this act was considered “unlawful
and inhuman.” The report was submitted on 25 May 2021.

Justice Devan Ramachandran, expressing his anguish, stated “Earlier you could say this was
treating a person like a dog; but now, even treating dogs like this is illegal.”

An additional facet to this factual circumstance of the case was also observed by the Hon’ble
Court. It held that the petitioner suffered such harassment because he belonged to the
marginalised section of the society. This points towards yet another sad reality that our
country finds place in. The justice system in our country unduly poses a disadvantage to the
marginalised section of the society. According to the Prison Statistics India 2015, SCs, STs
and OBCs, make for 66% of the under-trials in the country. The present case only adds to the
plight of such sections of the society.

An interesting oral observation was also put on record by Justice Devan Ramachandran. He
was of the opinion that Section 117 of the Kerala Police Act is the most misused provision
and should be struck down as it is the cause of most of the police brutality cases that take
place in the state. Section 117 of the Act talks about penalties to civilians who interfere in the
functioning of the Police.

Although the matter will be taken up by the Hon’ble Kerala High Court again on 13 th October
2021, injustice even for a single day meted out at the hands of state authorities like the Police
should be heavily penalised. Safer environment and grievance redressal mechanism must be
put in place to minimise such horrendous acts.