Why should there be violence indulged in by the protestors while taking out processions and demonstrations and target public property and assets, has been commented upon seriously by the Apex Court of the country. Expressing concern over exploitation of caste, religion and other divisive tactics during violent mass demonstrations, the court has expressed concern for protestors wantonly destroying public and private property and even targeting the Police who otherwise are deployed to contain such violence. The court observed that there were numerous instances where the separatist groups were behind such protests and had “provoked violence” making the task difficult and delicate for the cops. These considered remarks were made by the court while awarding compensation ranging from Rs. 1 lakh to 2 lakh to three migrants who were assaulted by the Police during a protest march in 2007.
The court said that the Police have to accomplish their task with utmost care as law and order needs to be restored in curbing violence and dispersing unlawful assemblies but at the same time , it must also be ensured that “unnecessary force” was not used. “In Kashmir, itself there have been numerous instances where separatist groups have provoked violence and in this scenario, the task of the Police becomes more difficult and delicate.” The bench further said, “In curbing such violence or dispersing unlawful assemblies, the Police have to accomplish its task with utmost care, deftness and precision. Thus on the one hand, law and order needs to be restored and on the other hand, at the same time, it also is to be ensured that unnecessary force or the force beyond what is absolutely essential is not used.” The court opined that the Policemen are required to undergo special training to deal with such situations and “many times the situation turns ugly or goes out of control because of lack of sufficient training to the Police personnel to deal with violence and the challenge to their authority.”
The bench said, “It has also become a common ground that religious, ethnic, regional language, caste and class divisions are frequently exploited to foment violence whenever mass demonstrations or Dharnas take place. It is unfortunate that more often than not, such protestors turn to hooliganism, vandalism and even destroy public/private property.” Accounting for the exacerbating public anger against the Police, the bench observed, “In the process when Police tries to control, the mob targets Policemen. The unruly groups and violent demonstrations are so common that people have become to see them as an appendage of Indian democracy.”
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