Democratic rule in place, but police still following 'lathi charge to head' from British colonial era

THIRUVANANTHAPURAM: Despite repeated warnings to the police that the use of lathis to attack the heads of protesters, which was adopted during the British era, should not be practised, they are not changing their habit. No matter which government is in power, the police will beat the protesters on the head with lathis. The latest incident was the beating of MP Shafi Parambil in Kozhikode. It was the British who implemented training to beat the enemy on the head, to poke their mouth and navel, and to beat the neck with lathis to subdue them. This training continued until 5 years ago.

According to Section 79 of the Police Manual, police officers can use lathis for defensive purposes as part of the execution of their duties. However, the government has suggested that lathi charges should be limited to below the waist and has been trained in camps. In May last year, the Home Department had stated in writing that lathi charges, including on the heads of protesters, are not systematic and that the DySP will investigate complaints if anyone is injured in a lathi charge.

What the law states

If protesters create a public nuisance, they must be arrested. If they attack or try to kill the police, they can be subdued by force. Lathi-charge is not allowed unless violence is caused after water cannon and tear gas are used. A case can be filed against the police if they hit unarmed protesters on the head or cause injuries. Force should not be used except for arrest or to disperse a violent crowd, and that too only when necessary. Force should not be used after provocation. The National Human Rights Commission had earlier directed the DGP to take action against policemen who hit them on the head.

Changes in the syllabus of lathi charge

• The government has clarified that the drill training given to the police since colonial times to disperse violent crowds has been scientifically revised to suit modern democratic society.
• The new training is to beat protesters only below the waist and to minimize injuries. The crowd will be divided into three groups to face the protest. The leaders will be arrested first. Then those in the second row. Those who throw stones from behind will be lathi-charged.

Repeated head blows

1. Youth Congress district president and women activists were hit on the head during the Alappuzha Collectorate march.
2. KSU leader Naziya and two others were hit on the head and face during the march to Minister Bindu's house
3. CPM activist Jayaprasad, who waved a black shirt at Oommen Chandy when he was the Chief Minister, was kicked in the genitals and prodded with a lathi by Thumba police.