JANUARY 4, 2020
Law on Trial in Uttar Pradesh
The aggressive and intimidatory approach of the police is inimical to decent society and democratic norms.
A
s the nationwide protests against the Citizenship (Amend-
ment) Act and the National Register of Citizens continue
resolutely, a heavy-handed and violent approach to-
wards the protestors has been a conspicuous feature in the
states ruled by the Bharatiya Janata Party (BJP) or where the
police are controlled by the BJP-led government. It should be a
particular abomination for the ruling party that the reported
loss of human lives during protests—allegedly in police firing—
has been from these states. However, instead of showing any
remorse, the leaders of the ruling party and a section of their
vocal followers seem to be brandishing this as a sign of strong,
unflinching leadership. Particularly sinister in this regard is the
chief minister of Uttar Pradesh (UP) who had openly talked of
revenge against protestors on 19 December 2019. Since then the
state is witnessing a spate of police brutalities, targeted actions
and arbitrary arrests as indeed the government seems to be dis-
playing a vengeful trait against a section of its own people.
Thus far, 19 lives have been lost in UP and the government
response has been anything but reconciliatory, let alone accept-
ing of responsibility. Initially, the police flatly refused that it
had fired on protestors and sought to put the blame on protes-
tors themselves. With the emergence of incriminating evidence
in the form of video footage, it has had to later admit to the act,
even as the act has been sought to be justified on the grounds of
self-defence. Loss of human lives is a grave moral crisis or fail-
ure for a democratically elected government, and therefore, it is
apt that there be a proper inquiry and perpetrators be brought
to book. But, developments in UP suggest that the perpetrators are
being shielded and patronised by the government, as mounting
evidence from ground reports seems to be pointing towards the
culpability of the government and its machinery. At a very basic
level, the UP police has apparently forgotten or has been made
to forget that it is essentially a civil service and not a military
one. Considering that UP is not a declared disturbed area or a
conflict zone, there is no instrumental justification for a milita-
rised approach adopted by the police. In a decent society, the
police are expected to maintain maximum restraint even in the
face of provocation. But, the conduct of the UP police reeks of
aggressive targeting of a particular community and the pretext
is also based on flimsy or doubtful grounds of protestors indulg-
ing in violence. Impartial inquiry is all the more necessary to
Economic & Political Weekly EPW JANUARY 4, 2020 vol lV no 1
verify these claims and also reveal the masked identity of the
individuals who are seen to be indulging in violent acts.
One wonders why this alacrity was missing when an inspec-
tor of UP police in Bulandshahr was killed by a mob that he was
trying to control. It is a travesty that captures the condition of the
rule of law—or its absence—in UP that a police officer controlling
the mob had to lose his life and now the police are acting in a
mob-like manner against a particular community. Extensive
involvement of so-called police mitra (friends of police) who are
untrained civilians having undergone a short three-day training
session also adds to the apprehension of the police assuming
mob-character as these are feared by certain opposition leaders to
have been recruited from among the far-right Hindutva outfits.
In its brazen attempts to create fear and intimidate the Muslim
community in UP, the police have also reportedly ransacked houses,
destroyed property and threatened abuse. Individuals have been
wantonly arrested as if it is part of a concerted effort to criminalise
a whole section of people. Infuriating instances of custodial
abuse of minors are also being reported. It is indeed a cruel irony
that the government and police who are abetting grievous
damage to the social fabric and human lives are demanding
compensation from the protestors (and also individuals from
the Muslim community who had not participated in protests)
for damage to public property. It is difficult to believe that such
acts can be possible without impunity or active abetment from
the leadership of political executive, which on all accounts has
displayed regressive characteristics on various occasions.
These developments suggest that UP, under the present gov-
ernment, seems to be veering towards a police state with a theo-
cratic bent. Under such a state, democratic rights would be under
perpetual suspension as has been evident in the unjustified
arrests of veteran human rights activists under serious charges
that are apparently baseless. Some of the arrested activists are
also being reportedly beaten up and denied basic rights. These
arrests also show a specific pattern whereby those individuals
who have been relentlessly fighting for the rights of the most
marginalised are put behind bars to stifle any dissenting voice
or claim for justice in the face of police brutalities.
Actions of the UP government seem to be confirming the
fears among the Muslim community of being reduced to a
secondary citizenship status as their basic rights—of life,
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EDITORIALS

peaceful assembly, protest—are being trampled over, and barring
notable exceptions, these instances are not even being reported
prominently, or if at all, reported with prejudice. Such an atmos-
phere of fear and strife is inimical to a democratic polity and
decent society. Therefore, it is necessary that all sections of
people demand accountability from the government and stand
up for the protection of democratic rights. Opposition parties in
UP need to mobilise popular opinion in this regard to ensure that
social polarisation does not become a permanent characteristic
of everyday existence.

8 JANUARY 4, 2020 vol lV no 1 EPW Economic & Political Weekly