Abusive, derogatory language by Police against citizens contrary to Constitutional morality: Kerala High Court

The Kerala High Court recently pulled up the police force for using derogatory terms while addressing citizens and directed the State Police Chief to instruct all officers to treat citizens with respect and file a report regarding the steps taken in this regard (Anil JS v. State of Kerala & Ors.)..Single judge Justice Devan Ramachandran said that use of disrespectful and derogatory words to address citizens run contrary to Constitutional morality and conscience of our country."It may not require this Court to speak with great elaboration or expatiation when I say that the afore words, if used to address citizens by Police Officers, is anathema to a civilised and cultured force and are the relic of the colonial subjugatory tactics. Certainly, they have no place in a free country marching in pace with needs and requirements of the 21st century. Use of these and such other words to address citizens by any Police Officer is wholly impermissible and therefore, it is now imperative for this Court to declare that such use by any member of the Force is contrary to the constitutional morality and conscience of our country and is antipodean to the ethos of a democratic system. It is so declared," the order stated..The Court noted that the petitions filed invoking the jurisdiction of the High Court - in what is now known as “police harassment matters” - impute that police officers addressed citizens with derisory and disrespectful words."Words like 'eda', 'edi', and 'nee' are often alleged to be used against the citizens by the members of the police in a routine manner, even when public safety measures like COVID-19 protocols are enforced", the Court observed. The Court therefore, felt it necessary to affirm that such actions on the part of police is unacceptable in modern democratic society..In this regard, the Court directed the State Police Chief to remind all officers of their obligation to treat and address citizens with respect and submit a report about action taken towards that end."I direct the State Police Chief to issue necessary instructions, by way of a Circular or otherwise, to all members of the Force under his command that they shall address the citizens using acceptable vocatives and shall not use the aforementioned or such other words or phrases. Consequently, the State Police Chief will act as per the afore directions and inform this Court about the steps taken in this regard through a report to be filed within two weeks from the date of receipt of a copy of this judgment," the Court ordered..The Court issued the directions while disposing a petition, filed through advocate Ansu Sara Mathew, accusing certain police officers of harassing the petitioner and verbally abusing his daughter. Government Pleader (GP) EC Bineesh submitted two "action taken reports" filed by the District Police Chief that concluded that the police officers concerned were wholly justified in having imposed penalties on the petitioner as he and his daughter were seen violating Covid protocol on multiple occasions. The GP also pressed for dismissal of the case by citing certain criminal incidents that the petitioner was alleged to have been involved in. However, upon perusing the reports, the Court found several loose ends and reproached the attempt to cast aspersions on the petitioner by projecting him as a habitual offender. .The Court said that even during pandemic, police cannot indulge in uncivilised behaviour towards citizens to force their compliance with COVID protocol. "When the entire world is reeling under the deleterious effects of COVID–19 pandemic, there can be no doubt that the citizens have to comply with the Protocols put in place, but this cannot be done - for whatever be the reasons - in violation of civilized behaviour and in contravention of the requirements of decency and civility, which are inbuilt into the system of policing in a cultured society," the Court said..The Court highlighted the larger issue regarding the manner in which citizens are treated by the police. .This continues, despite the judgement of the Kerala High Court in Siddique Babu v. State of Kerala which espoused the "inviolable essential for the Police Force to act with self control and tolerance and to treat citizens with respect and courtesy"..The Court also observed that often, it is difficult, if not impossible, for a citizen to prove that a police officer addressed him/ her in a derogatory or abusive manner because such imputations are investigated by the police authorities themselves. .Therefore the Court declared, in no uncertain terms, that the use of disrespectful words to address citizens cannot be tolerated or permitted and directed the State Police Chief to file a report with the steps taken to ensure the same. .[Read Order]