Police took direct aim at retreating unarmed farmers in Maharashtra killing 3 and arresting others while they were protesting for the resumption of water supply for their daily life and their crops. The gathering was unarmed while the police took direct aim when the farmers were retreating. Such an act by the police shows a certain disregard to the plight of poor farmers.
Article 300[1] of the Constitution of India lays down the State responsibility for the torts committed by its servants. In Nilabati Behera, Saheli and a wide variety of cases, the judiciary has held the police responsible for prison torture and the State as being vicariously responsible. The State is deemed to be responsible for all the wrongful acts of its employees committed in the course of employment.
The criminal law also does not allow the police to use force in excess of the maximum punishment for the offence for which a person is charged. Law prohibits use of force that can cause death except for such offenders whose crime is punishable with death. Even the assembly cannot be termed as an unlawful assembly, not fulfilling the conditions under Section 141 IPC[2], as the purpose of the same was not to cause damage but only demand water supply for their sustenance, the same being their fundamental right under Articles 19[3] and 21[4], the use of force on them was totally unwarranted.
Such an action is a gross violation of human rights, a clear abuse of power and a symbol of maladministration and calls for intervention so that liability is fixed.
[1] Article 300 in The Constitution Of India 1949
300. Suits and proceedings
(1) The Governor of India may sue or be sued by the name of the Union and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted
(2) If at the commencement of this Constitution
(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and
(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings
[2] Section 141IPC. Unlawful assembly
An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—
First.— To overawe by criminal force, or show of criminal force, 1[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or
Second.— To resist the execution of any law, or of any legal process; or
Third.— To commit any mischief or criminal trespass, or other offence; or
Fourth.— By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth.— By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation
An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
[3] Article 19 in The Constitution Of India 1949
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
………………….
[4] Article 21 in The Constitution Of India 1949
21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
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