Title: critical analysis of police brutality in India.

Abstract:
The term police is derived from the word police from the Greek “polis”, meaning ‘city’ which
shows the fact that police departments have always been an essential part of maintaining law
and order to the limited horizon that it existed as a state part. In the given article the author
describes the circumstances that the country has seen in the timeline of police brutality in the
country. This article focuses on the police department of the country, its position, history,
background, and case laws that have been seen around the country concerning all the
brutality that has been seen in the various case scenarios that people suffer such as at the
period of riots, custody, or various others situation.

Introduction:

The definition of police is a civil force of a state, responsible for the prevention and
defection of crime and the maintenance of public order1. They represent civil authority by the
government, here the officers are appointed by them, for the maintenance of public order and
safety as well as enforcing the law so that crimes are prevented, directed, and investigated
things. The article deals with police brutality which can loosely understood as the
misconduct of the police powers by the officers which leads to the suffering of the citizens
and infringement of their legal rights as well as fundamental rights. This article focuses on
the data as well as the analysis of the situation based on the case laws and real scenarios of
beatings, shootings, improper takedowns, and unwarranted use of its powers. The use of force
is defined as “the amount of effort required by law enforcement to gain compliance from an
unwilling subject”2. The mistreatment involves unreasonable violence which can be through
words, a physical force to be used which is conducted as criminal assault.

History and background:

The history of policing in India dates to ancient times, with references to the system of
policing found in ancient Indian texts such as the Arthashastra and Vedas such rig Veda
mentions the presence of forces which can have mentioned of forces which hints towards the
presence of a police department. Various periods in the Indian history such as the Mughal
period had various departments and positions like subedar, tehsildar, kotwal etc. However,
modern policing in India can be traced back to the British colonial period when the British

1
Dictionary Definitions from Oxford Languages · Learn more English police.
2
Hager and Schwartz P.A [para 1] [line 3]
established the police system in the early 19th century. The Indian Police Act of 1861 laid the
foundation for the modern police force in India, with the creation of a hierarchical police
structure and the introduction of various policing concepts. After independence in 1947, the
police system underwent several reforms, with the focus shifting towards making the police
more accountable and responsive to the needs of the people. Today, policing in India is
governed by the Police Act of 1861, which has been amended several times to reflect the
changing needs of society. Now that the history of the police is understandable to us, brutality
must be understood because the presence of brutality and misuse of power on their part has
always been done to the people. In earlier times, it was brutal beatings, use of excessive
harshness as well as threats. Similar situations of brutality are present here as well such as
third-degree use in the arrest cases, illegal arrest, use of hash words, extortion, etc.

The duties of police in India:

In layman's language if we say a police officer must register cases, arrest people as well as
assist the people with their situations. When it is mentioned in technical terms, we understand
that the work of police officers begins with the registering of the case, making arrests as well
as investigating the matter. This is what the general understanding of the duty of a police
officer is, but there are other things attached to it, there are various acts, and provisions as
well and liability is they have attached to it. Some of these acts and duties are –

1. The police act 1861- this statute passed in 1861 has the main sections of police
administration. For instance, section 2 “talks about the Constitution of the force. The
entire police establishment under a State Government shall, for this Act, be deemed to
be one police force and shall be formally enrolled; and shall consist of such number of
officers and men, and shall be constituted in such manner, 3*** as shall from time to
time be ordered by the State Government. 4***[ Subject to the provisions of this Act,
the pay, and all other conditions of service of members of the subordinate ranks of any
police force shall be such as may be determined by the State Government3”.
2. The police act 1888- mentions that “the central government may by notification in the
official gazette create a special police district embracing parts of two or more states,
extend to every part of the said district the powers and jurisdiction of members of a
police force belonging to a state specified in the notification”.

3
The police act 1861 section 2 https://www.mha.gov.in/sites/default/files/police_act_1861.pdf
 3. The police act 1949- section 5 of the act, “superintendence of police throughout
general police district is exercised by the central government, all the provisions of the
Police Act,1861 are applicable for the administration of the Union Territories”4.

The mentioned act mentions the police force in our country as well as some of its duties
as well as powers. The liabilities are mentioned in section 57 of the Model Police
Act,2006- this lays down the role, functions, and duties of the police. The various
important provisions in the section 57 states that-

a. “To uphold and enforce the law impartially and to protect the life, liberty, property,
human rights, and dignity of the members of the public,
b. To promote and preserve public order,
c. To protect internal security, to prevent and control terrorist activities, breaches of
communal harmony, militant activities, and other situations affecting internal security,
d. to protect public properties including roads, railways, bridges, vital installations and
establishments, etc. against acts of vandalism, violence, or any kind of attack.
e. to prevent crimes and reduce the opportunities for the commission of crimes through
their own preventive action and measures as well as by aiding and cooperating with
other relevant agencies in implementing due measures for the prevention of crimes.
f. to accurately register all complaints brought to them by a complainant or his
representative, in person or received by post, e-mail, or other means, and take prompt
follow-up action thereon, after duly acknowledging the receipt of the complaint.
g. to register and investigate all cognizable offenses coming to their notice through such
complaints or otherwise, duly supplying a copy of the First Information Report to the
complainant, and where appropriate, to apprehend the offenders, and extend requisite
assistance in the prosecution of offenders;
h. to create and maintain a feeling of security in the community, and as far as possible
prevent conflicts and promote amity.
i. to provide, as first responders, all possible help to people in situations arising out of
natural or man-made disasters, and to provide active assistance to other agencies in
relief and rehabilitation measures.
j. to aid individuals, who are in danger of physical harm to their person or property, and
to provide necessary help and afford relief to people in distress situations.

4
The police act 1949 https://www.advocatekhoj.com/library/bareacts/police1949/5.php?Title=Police%20Act,
%201949&STitle=Superintendence%20and%20administration%20of%20police
 k. to facilitate orderly movement of people and vehicles, and to control and regulate
traffic on roads and highways.
l. to collect intelligence relating to matters affecting public peace, and all kinds of
crimes including social offenses, communalism, extremism, terrorism, and other
matters relating to national security, and disseminate the same to all concerned
agencies, besides acting, as appropriate on it themselves.
m. to take charge, as a police officer on duty, of all unclaimed property and act for their
safe custody and disposal in accordance with the procedure prescribed”. 5

The code of criminal procedure and the Indian police act gives. Some of the key powers and
responsibilities of the police in India:

 Law enforcement- the primary duty of the police is to enforce the law, maintain public
order, and prevent and detect crime.
 Investigation- the police are responsible for investigating crimes, collecting evidence,
and preparing cases for prosecution.
 Maintaining public order- the police are tasked with maintaining public order,
controlling and preventing public disturbances, and ensuring the safety and security of
citizens.
 Traffic regulation- the police are responsible for regulating traffic, enforcing traffic
laws, and ensuring road safety.
 Crime prevention- the police are expected to take proactive measures to prevent
crime, such as patrolling neighborhoods, conducting surveillance, and engaging with
the community.
 Arrest and detention- the police have the authority to arrest and detain individuals
suspected of committing a crime, according to the procedures outlined in the code of
criminal procedure code.
 Protection of life and property- the police are responsible for protecting the life and
property of citizens, including providing security for important events and public
figures.
 Maintaining records- the police are required to maintain records of crimes, arrests,
and other relevant information and to provide information to the courts and other
agencies as required.

5
The model police act 2006 https://www.mha.gov.in/sites/default/files/ModelAct06_30_Oct_0.pdf
  Assistance to the public- the police are expected to assist the public, including helping
in emergencies, providing information, and facilitating access to justice.
 Specialized units- the police may have specialized units, such as the crime branch, the
traffic police, and the anti-terrorism squad, to deal with specific types of crime or
situations.

Therefore, the importance of these sections has significant powers, and they are expected
to exercise these powers responsibly and per the law respecting the rights of individuals.

These responsibilities the police officers kind off has a lot of vested powers in their hands
Well at least the citizens fear the vested power of the police personnel as per the data of
police brutality in the country has always been reported to have a high amount of
custodial deaths as well as use of excessive beatings etc. various cases are as follows-

1. The Thoothukudi violence – this was the anti-Sterlite protest firing that took place on
22 and 23 May 2018 in Tamil Nadu. This was against protest against the expansion of
the copper smelter plant. The open fire on the protestors and this open fire killed 13
people leaving 102 injured also injuring various police officers. The investigation of
CBI in November 2018 registered cases on several police personnel and the revenue
department6.
2. The Jamia Milia Islamia Attack- in 2019 during the CAA [ Citizenship Amendment
Act] protests, police attacked the student protesters as well as non-protesting students
in the Jamia Milia Islamia campus. The same Rapid Action Force injured several
students. The use of tear gas shells, rubber bullets, stun grenades, and pellets at
students of the Aligarh Muslim University protesting against the same act. The forces
hurled communal abuses at the students, the forces fired tear gas shells inside hostel
rooms and set vehicles belonging to students on fire7. In 2019, Jamia Millia Islamia, a
central university in New Delhi, India, became the site of a violent attack that shook
the nation and sparked widespread condemnation. The incident occurred in the
context of protests against the Citizenship Amendment Act (CAA), a controversial
law that many viewed as discriminatory and unconstitutional. The protests, led
primarily by students and civil society groups, aimed to draw attention to the
perceived erosion of secular values and the marginalization of minority communities
6
Safi, Michael (23 May 2018). "Police in south India accused of mass murder after shooting dead protesters".
the Guardian. They were retrieved on 24 May 2018.
7
AMU violence: Court orders UP police chief, CRPF head to act against officers who attacked students". Scroll.
in. They were retrieved on 9 January 2021.
 under the government's policies. On the evening of December 15, 2019, the situation
escalated when Delhi Police personnel entered the university campus and allegedly
used excessive force against the protesters. Reports and videos emerged showing
police officers assaulting students, firing tear gas shells, and entering university
buildings without permission. The use of force inside the university campus, a
supposed safe space for learning and intellectual discourse, shocked the nation and
drew widespread condemnation from various quarters. The attack on Jamia Millia
Islamia raised serious concerns about police brutality and the erosion of academic
freedom in India. Many condemned the police action as a violation of democratic
norms and an attack on the fundamental right to peaceful protest. The incident also
highlighted the growing polarization and intolerance in Indian society, with the
government's critics accusing it of suppressing dissent and stifling democratic voices.
In the aftermath of the attack, protests erupted across the country, with students,
academics, and activists demanding justice for the victims and accountability for the
authorities responsible. The incident also sparked a debate on the role of police in a
democratic society and the need for comprehensive police reforms to prevent such
abuses in the future. The attack on Jamia Millia Islamia in 2019 serves as a stark
reminder of the challenges faced by democratic societies in upholding the rule of law
and protecting the rights of their citizens. It underscores the importance of
safeguarding academic freedom and ensuring that universities remain spaces for free
thought and expression. The incident also highlights the need for greater
accountability and transparency in the actions of law enforcement agencies, to prevent
the abuse of power and protect the rights of all citizens.
3. The forceful eviction of people in Assam, 2023- In 2023, Assam once again found
itself grappling with a disturbing case of police brutality, highlighting systemic issues
within law enforcement agencies and raising serious questions about accountability
and governance. The incident occurred against the backdrop of protests against the
government's controversial policies, with demonstrators demanding greater
transparency and respect for democratic principles. However, the protests took a
violent turn when the Assam Police, instead of ensuring public safety and upholding
the rule of law, resorted to excessive force against the protesters. Reports and videos
emerged showing police officers using batons and tear gas to disperse crowds,
resulting in injuries and even fatalities among the protesters. The brutal crackdown
sparked widespread outrage and condemnation, with many accusing the authorities of
 violating human rights and suppressing dissent. The incident again highlighted the
need for comprehensive police reforms and greater accountability mechanisms to
prevent such abuses from recurring. In the aftermath, calls for justice and reform grew
louder, with civil society organizations and human rights activists demanding swift
action against those responsible for the violence. The 2023 Assam case of police
brutality serves as a sobering reminder of the challenges faced by democratic societies
in ensuring the protection of fundamental rights and freedoms in the face of escalating
social and political tensions.

Critical analysis of the entire police brutality scenario:

Police brutality is a deeply entrenched issue that has garnered significant attention in recent
years, highlighting a troubling trend of excessive force and abuse of power by law
enforcement officers. This phenomenon, characterized by the use of unjustified violence or
intimidation tactics by police officers, has led to widespread outrage and calls for reform. To
critically analyze police brutality, it is essential to examine its root causes, impact on
communities, and potential solutions. One of the primary factors contributing to police
brutality is the systemic racism that permeates many law enforcement agencies. Studies have
shown that people of color, particularly Black and Hispanic individuals, are
disproportionately targeted for police violence compared to their white counterparts. This
disparity is often attributed to implicit biases held by officers, as well as the historical legacy
of racism within the criminal justice system. These biases can manifest in various forms, such
as racial profiling and discriminatory practices, leading to increased likelihood of violent
encounters between police and minority communities. In addition to systemic racism, the
militarization of police forces has also played a role in the escalation of police brutality. The
increasing use of military-grade equipment and tactics by law enforcement agencies has led
to a more aggressive and confrontational approach to policing, particularly in marginalized
communities. This militarization has eroded the trust between police and the communities
they serve, creating an us-versus-them mentality that can contribute to violent interactions.
Another contributing factor to police brutality is the lack of accountability within law
enforcement agencies. Despite numerous cases of excessive force and misconduct, many
officers are not held accountable for their actions. This lack of accountability is often due to a
combination of factors, including the "blue wall of silence" that discourages officers from
reporting misconduct by their colleagues, as well as the legal protections afforded to law
enforcement officers in many jurisdictions. Without meaningful consequences for their
actions, some officers may feel emboldened to use excessive force with impunity. The impact
of police brutality extends beyond the immediate victims to entire communities, particularly
those that are already marginalized and vulnerable. Studies have shown that communities
with high levels of police brutality experience higher rates of trauma, mental health issues,
and distrust of law enforcement. This can create a cycle of violence and mistrust that is
difficult to break, leading to further alienation and disenfranchisement of these communities.
To address police brutality effectively, a multifaceted approach is needed. First and foremost,
there must be a commitment to addressing the root causes of police brutality, including
systemic racism and the militarization of police forces. This may require implementing anti-
racism training for officers, reforming police practices to prioritize de-escalation and
community engagement, and establishing independent oversight bodies to investigate
complaints of misconduct. Additionally, there must be greater accountability for officers who
engage in abusive behavior. This may involve strengthening civilian oversight mechanisms,
revising the use of force policies, and ensuring that officers who commit misconduct are held
accountable through disciplinary action or criminal prosecution. Furthermore, efforts should
be made to rebuild trust between police and the communities they serve, through initiatives
such as community policing and outreach programs. In conclusion, police brutality is a
complex and multifaceted issue that requires a comprehensive and holistic approach to
address effectively. By understanding its root causes, impact on communities, and potential
solutions, we can work towards creating a more just and equitable system of law enforcement
that respects the rights and dignity of all individuals therefore, brutality of police will being a
serious issue it must be curbed.