Pellet Guns and Crowd Control: Supreme Court Ruling & Use of Force

Subject: GS Paper 2: Polity and Constitution

Context: The Supreme Court held that the use of pellet guns by police may be permissible in “exceptional circumstances” as part of a graded response to crowd control.

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About Pellet Guns

• Pellet guns are kinetic impact weapons that fire multiple small metallic pellets with sharp edges using compressed gas or explosive propellant. 
• Alternative Name: They are also known as birdshot or dove shot, reflecting their original use in hunting.
• Working Mechanism: On firing, the cartridge bursts open, dispersing numerous pellets over a wide area to strike the intended target(s)

Supreme Court’s Observations on Pellet Guns

• Part of Graded Response: The Court noted that police rules permit the use of pellet guns in exceptional circumstances as one stage in the graded escalation of force for crowd control.
• No Blanket Ban: The Court declined to immediately prohibit pellet guns, observing that the petition sought a vague blanket ban.
• Focus on Misuse: It said the judicial scrutiny would instead examine whether pellet guns were used indiscriminately or arbitrarily, contrary to established protocols.

Court’s Observations on Protests

• Right to Peaceful Protest: The Bench reiterated that peaceful protests must be met with non-violence, not brutality.
• Risk of Hijacking: It observed that genuine protests may be infiltrated by disruptive elements, requiring police preparedness for changing situations.
• Need for Graded Force: Police should adopt a calibrated response, escalating force only when necessary.

Legal and Constitutional Significance of the Supreme Court’s Ruling

• Constitutional Balance: Balances two competing constitutional concerns:
  • Article 19(1)(a) & 19(1)(b): Freedom of speech and peaceful assembly.
  • Article 19(2) & 19(3): State’s duty to maintain public order through reasonable restrictions.
• Principle of Proportionate Use of Force: Reinforces that police use of force must be necessary, proportionate, and consistent with prescribed procedures.
• Judicial Oversight: Affirms that allegations of excessive or arbitrary use of force are subject to judicial review.

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