(un)necessary arrests ?

Imagine, if you will, the daily life of an average Indian citizen. A person, just like you and me, going about their routine, perhaps heading to work, spending time with family, or even peacefully protesting for what they believe is right. Now, imagine that same person being suddenly whisked away by the police, perhaps for a post they made on social media, or for attending a protest. No trial, no chance to defend themselves – just an arrest. Does this seem like a scenario from a dystopian novel? Sadly, it's not. This is a reality that too many Indians face today.

Now, you might ask, why am I so concerned about this? Let me tell you why.

In recent times, the actions of the Indian police have often seemed strange, even bizarre. Consider the case of a juvenile in Pune who was made to write a 300-word essay as punishment for killing two people in a road accident. This isn't just weird; it's downright unsettling. Then there's the case of the SUV driver, arrested in connection with a coaching center incident in Delhi. Did this driver really pose such a threat that immediate arrest was the only option? And what about the 500+ individuals who were arrested simply for protesting against rape? Let that sink in – people were arrested for demanding justice against a heinous crime.

The list of these troubling incidents goes on. Students demanding safety were beaten. People were allowed to tamper with crime scenes, like the infamous Talwar case. And let's not forget those who have been arrested merely for posting something on social media. Are our police officers being foolish? Or is there something more sinister at play? Maybe they’re simply ignorant of legal procedures. The possibilities are many, but one thing is clear: something is very wrong.

You see, the conviction rate in India is a mere 46%. What does this mean? It means that almost half of the arrests made by the police are unnecessary. Think about that for a moment. Half of those arrested are later found not guilty. So why were they arrested in the first place? Why should innocent people be put through the trauma of an arrest, only to be cleared later?

I believe there are several factors that lead to these unnecessary arrests.

First, let's talk about the role of the police. In any country, the police are supposed to be the guardians of law and order. Their job is to protect us, to ensure that we can go about our lives without fear. But what happens when the very people who are supposed to protect us become the ones we fear? When the power to arrest is misused, it not only violates individual rights but also undermines the rule of law itself.

The Indian Constitution guarantees every citizen the right to life and personal liberty under Article 21. Also, the Code of Criminal Procedure (CrPC) outlines very clearly when and how arrests should be made. Section 41 of the CrPC, for instance, states that a police officer can make an arrest without a warrant only under specific circumstances. Yet, despite these guidelines, the ambiguity in the laws often leads to their misinterpretation – or worse, their outright misuse.

A  study by the Commonwealth Human Rights Initiative in 2005 found that nearly 60% of all arrests in India were unnecessary. Sixty percent! This figure should shock and outrage us all. It suggests that the police are often making arrests to meet quotas, to settle personal scores, or to exert pressure on individuals. How many of these arrests are based on insufficient evidence or false complaints? Too many, if we check NCRB data. 

But let’s consider the consequences for a moment. When someone is arrested, they don’t just lose their liberty; they lose much more. They may lose their job, their reputation, their financial stability. They might even face social ostracization. And what about the families of those arrested? The ripple effect of an unnecessary arrest can be devastating, eroding trust in the entire criminal justice system.

And let's not forget the judiciary. Yes, the Indian judiciary has taken steps to curb the misuse of arrest powers by the police. The Supreme Court's ruling in the Arnesh Kumar v. State of Bihar case in 2014 was a step in the right direction. The court laid down clear guidelines to prevent arbitrary arrests, especially in cases involving offenses punishable with imprisonment of up to seven years. It emphasized the need for police to record their reasons for making an arrest and to obtain prior approval from a magistrate in certain cases.

But are these guidelines enough? Clearly not. Because here we are, still discussing unnecessary arrests in 2024. The police still seem to operate with a level of impunity that is frankly alarming. And we, as citizens, are left wondering – what can be done to change this?

We need better guidelines for arrests. Guidelines that are clear, comprehensive, and come with strict penalties for non-compliance. Police officers need to be held accountable for their actions. We also need independent oversight mechanisms, like police complaint authorities, to investigate allegations of misconduct. These bodies should have real power – not just to investigate, but to act on their findings.

We need to improve training for police personnel. It’s not enough to tell them what the law is; they need to understand why it’s important. Training should focus on human rights, ethics, and the legal framework governing arrests. And perhaps most importantly, we need greater transparency in the criminal justice system. The public should have access to regular reports on arrest statistics and outcomes. This would allow us to see, in black and white, just how many of these arrests are actually leading to convictions.

We need to introspect – is this the kind of police force we want? A force that arrests first and asks questions later? A force that sees power as something to be wielded, rather than a responsibility to be carefully managed?

Unnecessary arrests are not just a legal issue; they are a moral one. They are a stain on our democracy, a violation of the trust we place in our law enforcement agencies. And until we address the root causes of this problem – be it political pressure, lack of training, or simply a culture of impunity – we will continue to see these kinds of abuses.