‘Jiski Lathi, Uski Bhains’: An Analysis from the Perspective of Social Distancing Norms in COVID-19

Must Read

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Explained: Constitutional Provisions and Legislations With Regards to a Person with Disabilities

The world celebrates December 3 as International Day of Persons with Disabilities (IDPD). This day is also called World...
Malik and Romaan Law Officeshttp://www.malikandromaan.com
Malik and Romaan Law Offices, Kashmir is a full-service Law Firm with its offices in Delhi, J&K and Mumbai

Follow us

For those of us living in India right now, every day there’s a new set of rules and regulations and law handed down from Centre and State governments as they aim to stop the spread of coronavirus. Borders have been sealed, events have been cancelled, and many shops, businesses and services like court are yet to resume operations. Social distancing measures have been put in place and self-isolation is mandatory for most people crossing jurisdictions, and, of course, anyone returning from overseas or entering the country.

Practising ‘social distancing’ and undertaking mandatory self-isolation in a utopian society should have been largely based on trust – trusting people to follow the Public Health and Safety guidelines, as well as other sensible guidelines and recommendations. But in the wake of video footages showing crowds gathering, baithaks, and other similar mass gathering the rules have now changed.

New Powers to Police

Amidst Corona health workers, Police, Bank employees remained the frontline heroes and to tackle this spread the Police was seen in an all-new avatar, fighting the enemy without hassles of paperwork and court certification on its activities and to exercise this task greater powers were given to police, but with great power comes great responsibility.

From March 2020, there were several incidences, which started popping throughout the country alleging, brutality, harassment and atrocities by police all on account of suspected of breaking social distancing restrictions or in breach of other similar guidelines.

Lathis for Sale!

The recurring amount our country spends on purchase of ammunition to protect its border, a similar amount shall also be spent on equipping its internal agencies with modern equipment. There were many media reports as well as videos surfacing on social media where the men in Khaki were seen beating the Janta black and blue with Lathis, But the greater question being, have the poorly developed herd immunity to lathis? Even after such beatings these poor men and women would keep on walking their path socially distancing themselves from the doors of courts, as any fight for justice against atrocities is beyond their affordability, and that is when they decide they will vote for someone from their Jaati.

The rich obviously didn’t go out as they had their means to survive another year of lockdown, but the new India who strives to pay its EMI’s ended up paying more in forms of fines or the settlement money, saving his two-wheeler as well as the wrath of the ruthless lathi. Shopkeepers, on the other hand, would make the patrolling men happy as it would allow them to keep their shop open for another 2 hours post 7 or 9 and make marginal profits on the sale of tobacco.

Antibodies to Dissent

This increased police presence around our communities and public order if continued would bring out a behavioural change, and this presence of khaki men around us would become new normal, failing to realize we would already be a police state, which would thereafter govern our behaviour and take away the streak of dissent and protest.

The times are tough, which has also increased police muscle to enforce new rules if the surge continues, one can expect the police to begin door-knocking homes and conducting spot checks. For now, Police is also conducting ‘proactive’ patrols to ensure that people are obeying the rules when out in public. Many would agree that authorities must do whatever it takes to protect the health and safety of the general population at this time.

But even in these extraordinary times, these are an extraordinary grant of freehand.  However, the great fear is that once these draconian control measures are introduced into law, they will be capitalized and introduced in the system under the garb of provisions of the ’emergency’ legislation and will be extended when not required.


The authors, Viqas Malik and Romaan Muneeb, are lawyers at the Jammu & Kashmir High Court. The authors can be reached at [email protected]


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -