However, in a large majority of cases, the escorting authorities admit that
judicial permission is not received and the reasons for using restraints are
not documented in the police station diary.
A. Reasons
¾
Restraints are sometimes necessary for legitimate security reasons.
¾
Police work can be dangerous, and a small minority of arrestees and
detainees are desperate and violent.
Political considerations also play a vital role in some case.
They are used many a times by the police personnel, both publicly
and privately, to humiliate, debase and intimidate arrestees and
detainees.
Power and corruption also lead to cases of human rights violations
regarding handcuffing.
¾
¾
¾
B. The Law says
The Supreme Court of India has repeatedly condemned the unnecessary
use of handcuffs by the police as a violation of the right to personal liberty
guaranteed by Article 21 of the Constitution of India. The landmark
Supreme Court case on handcuffing is Prem Shankar Shukla v. Delhi
Administration (1980). In this case, the validity of certain clauses of the
Punjab Police Rules, which made handcuffing mandatory during arrest,
was challenged. In his opinion, Justice V R Krishna Iyer eloquently stated:
“The guarantee of human dignity which forms a part of our constitutional
culture . . . spring[s] into action when we realize that to manacle man is
more than to mortify him, it is to dehumanise him and, therefore, to violate
his very personhood too often using the mask of dangerousness and
security.”
In Prem Shankar Shukla and other leading cases, the Supreme Court has
laid down strict procedural guidelines specifying both when and how the
use of handcuffs is appropriate. According to the Court, handcuffing is
legal only if the arrestee is –
(a) involved in serious non-bailable offences; and
(b) previously convicted of a crime, of desperate character, likely to
commit suicide, or likely to attempt to escape. The use of handcuffs
and the reasons for their use must be recorded. It is illegal to walk
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Manual on Human Rights for Police Officers