CHANDIGARH: George Floyd, 46, died on May 25 after a Minneapolis police officer kneeled on his neck for several minutes while Floyd was handcuffed. The Black Lives Matter movement it triggered in the US spurred even Chandigarh youth to ask what one should do in case of arrest.
Some protests in America turned violent but there were also rational voices of awareness about fundamental rights of civilians. Ripples were felt in India, too. The Rotaract Club of Chandigarh Shivalik organised ‘Was It Justice-fied’ live zoom meeting with advocate Surabhi Kaushik to talk on civil rights in case of arrest.
It was the first discussion in Chandigarh to address this global sentiment and underlying fear. Advocate Surabhi, attorney at law at the Punjab and Haryana high court, educated participants about their legal rights. She said, “Only a woman cop can arrest a woman. A woman cannot be arrested after sunset and before sunrise. In case of emergency, she can be arrested at night but only with the written permission of the local magistrate.”
Cops must inform the arrested people about the reason for arrest and the latter have the right to consult and be defended by a lawyer of choice. Arrest can be made by physical contact only if there is no submission to custody by words or conduct.
In case force is required, it should be no more than what is justified. It cannot cause death for an offence not punishable with death or life imprisonment.
Asked about the medical examination of the arrested person, the legal expert said: “Any arrested person must get medical examination, a copy of the medical report, and periodic follow-up. The health and safety of the arrested people is the responsibility of the officer who has their custody.”
Even chairperson Ritik Nagpal of Rotaract Club Chandigarh Shivalik said, “More than 150 youngsters attended the session.”
Surabhi told them that arrested people must be produced before the judicial magistrate within 24 hours. She said, “Violation of this rule is violation of statutory rights under the Code of Criminal Procedure (CrPC) and fundamental rights under the Constitution.”
Handcuffing is discouraged in India and considered inhuman. The Supreme Court has directed it to be used only in extreme cases where the arrested person is likely to flee or get violent.
Rotaract Club Chandigarh Shivalik general secretary Garima Madan said, “The session was informative and meaningful.”
