Kerala: Police action on people disrespecting national symbols invite ire

THIRUVANANTHAPURAM: Police action against people allegedly showing disrespect to national anthem, custodial torture of people mainly belonging to the marginalised sections and slapping of sedition charges have brought the Left Government’s police policy under the scanner. While Chief Minister Pinarayi Vijayan who also holds the home portfolio has defended the police saying the government would not do anything which broke the morale of the force, his critics question the policy of a democratically elected dispensation giving “free hand” to the men in khakhi .

“I think the Left Government has not been able to instruct the police correctly with regard to human rights issues. Whether it is national anthem or national flag, it does not seem to be in control of the police force at the moment,” said noted writer Paul Zacharia. Even if one were to buy the argument that a section of policemen close to Sangh Parivar was behind some of the provocative acts, the Home Minister should know what is going on in his department. This is the central problem, the writer said.

Mr Zacharia said the law enforcing agencies had every right to arrest law breakers. “We don’t know whether the law was broken at all in the latest case. Can you arrest a person simply based on a Facebook post and slap charges of sedition against him,” he asked. According to him there was a feeling that the government was not in charge. “If they are giving cops a free hand fearing that Sangh Parivar might capitalise on such issues, then it is quite strange. They have to confront the Sangh Parivar campaign directly. Adopting a soft approach will strengthen them. "I think CPM has more practical political sense,” he said.

The criticism against the Left is that it is not used to supporting individual freedom or constitutional freedom. The Left has a blind spot in such matters. “There seems to be tremendous mismanagement. Incompetence is the hallmark of state administration generally. It could be part of massive incompetence, massive lack of understanding of the issue. Whatever it may be but it is certainly a great shame that these incidents are taking place under the dispensation of chief minister who also holds the home portfolio,” the writer said.

The incidents of police using strong arm tactics against people belonging to marginalised sections are also on the rise. The shooting down of Maoists under the pretext of encounter was supported by the chief minister, triggering protests from certain quarters . “There is a major problem. If this is the manner in which things are happening then the Left is treading a dangerous path. Someone should tell the chief minister. I don’t know who will tell him. May be the party,” Zacharia said.

CPM ideologue and Rajya Sabha MP C P Narayanan said the police was yet to understand the extent of SC judgement on respecting the national flag and national anthem. “If you take it literally then you can only stand at Kanakakkunnu Palace, Secretariat or Parliament premises because the flag is flying all the time. You can no longer sit if the present interpretation is accepted. We need logical and practical ways on how to respect the flag and the national anthem,” he said. There is a sense of “imposed patriotism” because of the present atmosphere in the country. “We cannot blame the police as such as it has to follow the court direction mechanically. The police fear that the courts could take them to task on non compliance of their directive,” said Narayanan.

So, should the government seek clarity on the apex court order? “I think the government will have to seek the opinion of Advocate General or the law department on the exact import of SC judgement. "The government I understand is planning to study the matter in detail and also whether there is a need to go for revision of the court order,” the Rajya Sabha MP said. CPI national executive member Benoy Viswam said the Supreme Court directive had created lot of confusion because it was being interpreted and implemented in a mechanical way. “The police may be acting on the directions of the Supreme Court but there is a need for a clarification. If the direction is defined and interpreted correctly, many incidents happening around us in the name of disrespect to national symbols, would not take place,” he said.

The CPI leader slammed the Sangh Parivar brand of patriotism, saying it was dangerous for the country. “The Sangh Parivar didn’t take part in the Freedom Movement. In fact they aided the British. Now they are claiming the monopoly of patriotism. Anyone who has a sense of history will only laugh at them. We saw a top leader using national flag to wipe the sweat on his face. We saw the body of one of the accused in Dadri lynching case, being draped in national flag,” the CPI leader said.

‘Is govt on fascist track?’

Former Chief Minister V.S. Achuthanandan has warned the State Government, saying actions by a section of police officials create an impression among people that the administration is assuming “a fascist character”. In a statement in Thiruvananthapuram on Monday, Mr Achuthanandan, who heads the State Administrative Reforms Committee, said “such police officials’ morale should erode and only then can the morale of the State police be maintained”. He was referring to spate of police excesses and actions in the recent past, especially in the background of Chief Minister Pinarayi Vijayan’s statement that the administration would not do anything to dent the morale of the police force.

He referred to the police “savagery” against a CPM branch secretary and family, who had gone to the beach for rest. Attempt to murder charges should be slapped on the police officials and they should be dismissed from service. Such cops, who tortured an infant and a pregnant woman, could not be tolerated in the State police. Maintaining police morale is not by harassing the poor.

“This is a Left Government and the police also should realize that they are not an instrument of oppression and fascist repression. Days of custodial torture are over”. He said it was a serious natter if novelist Kamal C Chavara was taken into custody and threatened with a broken backbone for alleged insult to the national anthem on the basis of a Yuva Morcha activist’s complaint to the DGP. “Kerala is home to Dalits, tribal people and artistes, who live freely and fearlessly. Kerala police are bound to ensure that the fate of (Kannada writer and rationalist M M) Kalburgi and (senior CPI leader Govind) Pansare (Maharashtra) would not befall writers in the State”.