India's Supreme Court Probes Pellet Gun Ban Amid NEET Protests

• The Supreme Court is currently hearing a plea to ban the use of pellet guns during protests in India, though it has observed that their use is permitted in 'exceptional circumstances' under existing police rules.
• The petitioners argue that pellet guns are an unreasonable and arbitrary tool unfit for deployment against civilian assemblies.
• A potential ban on the use of pellet guns could lead to changes in crowd control policies, which would require businesses and organizations to adapt their strategies for managing protests and demonstrations.

The petitioners argued that the use of pellets is per se unfit for dispersing peaceful assemblies as it fails the constitutional test of proportionality, necessity, and reasonableness.

The Supreme Court is currently hearing a plea to ban the use of pellet guns during protests in India. During recent hearings, the court observed that the use of pellet guns by police is permitted in 'exceptional circumstances' under existing rules and questioned the petitioners for seeking a ban without challenging these regulations. The court also directed the Delhi government to ensure medical treatment for those injured in the July 20 protest and ordered the Centre to preserve the ammunition log of the Rapid Action Force personnel deployed. The court heard a petition filed by former IPS officer Yashovardhan Azad and two others, who were allegedly injured by pellet guns used by the Rapid Action Force (RAF) against student protesters at Jantar Mantar on July 20. The petitioners argued that the use of pellets is per se unfit for dispersing peaceful assemblies as it fails the constitutional test of proportionality, necessity, and reasonableness. They pointed out that the legislative scheme clearly indicates that an assembly must first be commanded to disperse, and if it does not do so, then all efforts must be made to disperse the assembly using civil force. The petitioners prayed for directions to ban or decommission the use of wholly or partly metallic pellet guns for dispersing civilian assemblies, as well as compensation and medical treatment for those injured in the incident.

The Supreme Court's inquiry into the use of pellet guns during protests is significant given the recent NEET paper leak protests across India. The court has already directed that no coercive action would be taken against protestors involved in these incidents, and ordered the immediate release of minors detained by police. This suggests a shift towards a more nuanced approach to crowd control laws in India. The petitioners' argument that pellet guns are an unreasonable and arbitrary tool unfit for deployment against civilian assemblies is also relevant in light of recent allegations of police brutality during protests. While the court's consideration of this plea may still lead to a reevaluation of existing laws and regulations governing police response to civilian gatherings, its recent observations indicate that a direct ban on pellet guns would require challenging the underlying police rules that permit their use in exceptional circumstances.

The Supreme Court's inquiry into the use of pellet guns during protests has significant implications for lawyers and compliance officers in India. A potential ban on the use of pellet guns could lead to changes in crowd control policies, which would require businesses and organizations to adapt their strategies for managing protests and demonstrations. The court's consideration of this plea also highlights the need for a more nuanced approach to crowd control laws in India, one that balances the rights of citizens to protest with the need for effective policing. As the Supreme Court continues its deliberation on this issue, having clarified that pellet guns can be used in 'exceptional circumstances' and issued directions for medical treatment of injured protestors and preservation of ammunition logs, it is essential for stakeholders to stay informed about potential changes to crowd control policies and their implications for businesses and organizations.

Lawyers and compliance officers should watch for potential changes to crowd control policies in India, particularly with regards to the use of pellet guns during protests. The Supreme Court's inquiry may lead to a reevaluation of existing laws and regulations governing police response to civilian gatherings.

Source: Original reporting via The Hindu