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.
UPSC Coaching Classes
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.
International Standards on the Use of Force:
- UN Guidance on Less-Lethal Weapons (2020): Force should be a last resort, with priority to de-escalation and minimum necessary force.
- Metal pellets fired from shotguns should never be used.
- UN Basic Principles on the Use of Force and Firearms (1990): Use force only when less extreme measures are ineffective.
- For unlawful but non-violent assemblies, restrict force to the minimum necessary; firearms only as a last resort.
- UN Code of Conduct for Law Enforcement Officials: Upholds the principles of necessity and proportionality in the use of force.
|
Click to Explore UPSC Offline Coaching
31 Jul 2026
