WHAT RIGHTS DOES POLICE HAVE IN A DEMOCRACY? Shajeeda Tajdeen BASICS OF LAW Sat, Dec 21, 2019, at ,12:17 PM It the essence of the democracy which entitles a citizen to peacefully protest against any law which they feel violates their rights and liberties. Thus, the police action in Delhi’s Jamia Millia Islamia University, where the police entered the campus and utilized force against students is being condemned throughout the country. So let us take a look as to what the Constitution and other laws of the country have to say about this right of the police to intrude in protests. Constitution’ stand: The Constitution of India guarantees to all its citizens the right of freedom to speech and expression under Article 19(1)(a) and 19(1)(b), which includes the right to peacefully protest without any arms and ammunition. However, these freedoms are accompanied with certain reasonable restrictions which are in the interest of the sovereignty and integrity of the nation, which includes the security of the State, friendly relation with other foreign States, public morality or in relation to contempt of court, defamation or incitement to an offense. Code of Criminal Procedure, 1973: The legal provisions and course of actions that are available to the police for handling agitations, protest, and unlawful assemblies are laid down under the Code of Criminal Procedure,1973, the Indian Penal Code 1860 and the Police Act 1861. section 129-132 of Cr.PC talks about how an assembly can be dispersed with the help of civil force, the use of the armed forces in scenarios of civil unrest and protection against prosecution for acts done under these sections. Section 129 of Cr.PC states, ‘any executive magistrate or officer in charge of a police station… may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse and it shall thereupon be the duty of the members of such assembly to disperse accordingly.’ Further, it states that ‘if upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, executive magistrate or police officer… may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.’ Further, section 130 of the Cr.PC which deals with ‘use of armed forces to disperse assembly’, requires personnel to ‘use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.’ Indian Penal Code, 1860: Section 141-158 of the Indian Penal Code deals with unlawful assembly, and the responsibilities, liabilities, and punishments related to this offense. Section 141 states, ‘unlawful assembly- is an assembly of five or more persons that intend to overawe by criminal force, or show of criminal force, governments or public servants or to resist the execution of any law or of any legal process, or to commit any mischief or criminal trespass or other offense, etc.’ Section 146 states, ‘whenever force or violence is used by an unlawful assembly or by any member thereof, in the prosecution of the common object of such assembly, every member of such assembly is guilty of the offense of rioting’. Judiciary’s stand: The Punjab and Haryana High Court in the case of ‘Karam Singh vs Hardayal Singh and Ors’, declared that ‘before any force can be used, three prerequisites are to be satisfied, which are as follows: firstly- there should be an unlawful assembly with the object of committing violence or an assembly of five or more persons likely to cause a disturbance of the public peace. Secondly- such an assembly is ordered to be dispersed and thirdly, in spite of such orders to disperse such assembly does not disperse.’ Conclusion: It should be remembered that Indian being a democracy entitles its citizens’ numerous rights and liberties. It gives all its citizens equal opportunities to express their liking and disliking towards any legislation which affects their interest. It is the right of the people to voice out their opinion in matters which are directly or indirectly related to it. and any force which obstructs or aims to silence such voice is purely barbaric and is condemnable in all walks of life. No matter what the situation is it the right of the people to decide for themselves because democracy is for the people, of the people, and by the people.