·The Hindu·15 marks·250–350 wordsPolityIR

Examine the ethical dilemmas involved in policing protests — balancing maintenance of public order with protection of civil liberties.

In this answer
  1. Core ethical dilemmas
  2. Why the dilemma stays unresolved

Policing a protest places the constable at the intersection of two constitutional duties: protecting the freedoms of speech and peaceable assembly under Articles 19(1)(a) and 19(1)(b), and enforcing the "reasonable restrictions" of Article 19(3) [2]. The Supreme Court's July 2026 observation that peaceful agitation cannot justify a lathi-charge, while attacks on police also need impartial scrutiny, captures this dilemma precisely [1].

Core ethical dilemmas

  • Order versus liberty: dispersing a crowd restores traffic and calm, but a protest that inconveniences no one loses its voice. The dilemma is where legitimate dissent ends and unlawful obstruction begins.
  • Proportionality versus deterrence: force must be the minimum necessary, yet officers face pressure to act early and visibly. Excess is judged after the fact — NHRC requires deaths in police action to be reported within 48 hours and scrutinises "excess use of force" [4].
  • Obedience versus conscience: political superintendence over the police can shade into partisan direction, tempting selective toughness against some protestors and leniency to others [3].
  • Impartiality versus institutional loyalty: complaints against colleagues test integrity when internal solidarity discourages honest reporting.
  • Duty of care both ways: the state owes safety to protestors and to under-equipped personnel facing stone-pelting — a genuine conflict of obligations, not a one-sided failing [1].

Why the dilemma stays unresolved

  • Policing is a State subject with no uniform national protocol; crowd-control practice varies widely across states [3][1].
  • Routine recourse to blanket prohibitory orders converts an exception into a norm, criminalising assembly itself.
  • Police Complaints Authorities remain weak or unfilled in many states, so accountability rests on discretion rather than process [3].

The dilemma is real but not irreducible: it eases when discretion is replaced by rules the officer can defend. A pan-India protocol on graded force, mandatory identification and videography, independent inquiry into excesses, and human-rights and crowd-psychology training — as the Second ARC urged for public order administration [5] — would let the police protect order and liberty, honouring the constitutional promise of Article 19 rather than trading one duty against the other.

Sources

  1. 1The Hindu, "SC considers guidelines for police during mass protests" (28 July 2026)CJI Surya Kant bench's observation on peaceful protest, lathi-charge, impartial examination of excesses, and the need for a uniform pan-India protocol
  2. 2The Constitution of India, Articles 19(1)(a), 19(1)(b) and 19(3) — India Code, Ministry of Law and Justicefreedoms of speech and peaceable assembly, subject to reasonable restrictions
  3. 3PRS Legislative Research, "Police Reforms in India"policing as a State subject, political superintendence and its misuse, accountability and complaints machinery
  4. 4National Human Rights Commission, Investigation Division48-hour reporting of deaths in police action and scrutiny of excess use of force
  5. 5Second Administrative Reforms Commission, Fifth Report: "Public Order" (2007), DARPGreform of police training, use-of-force norms and public order administration
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