Legal Action against criminal activity portrayed as Moral Policing - Kerala Police Circular

No.56/Camp/SPC/2012
          
Police Headquarters, Kerala
Thiruvananthapuram
Dated : 31/08/2012
CIRCULAR No. 27/2012
Sub :  Legal Action against criminal activity portrayed as Moral Policing –
 instructions issued- reg.
In many parts of the state, self-proclaimed enforcers of personal codes of conduct
commit crimes of intimidation, extortion, assault, hurt, murder etc; violate the privacy  of
the citizenry and impinge on the personal freedom of individuals. Described in common
parlance as ‘Moral Policing’,  the general characteristics of this illegal activity is an
attempt by certain individuals and groups to enforce self proclaimed codes of morality
and conduct. Very often, it is directed against women. Such conduct is neither moral, nor
is it policing having the sanction of law. In fact, such conduct is appropriately termed as
intimidatory, compulsive, conformity enforcement (ICCE).
It must clearly be understood, that in a democratic society, based on our collective
standards of morality, law defines what appropriate behaviour is; and what constitutes an
offence. The Constitution of India guarantees certain freedoms. When a citizen
undertakes any activity, in exercise of that freedom; the determination of whether such
activity is permitted under that freedom or not, is by law and law alone. No person or
group can impose either his or the group’s self proclaimed standards of morality, and
proceed to impose it forcefully on individuals exercising their fundamental freedoms in a
lawful manner. Such illegal interference would amount to criminal offences as defined in
the Indian Penal Code and other laws.                                                                                    
It is important for Police officers, engaged in the enforcement of law, to distinguish
between enforcing a Code of Laws, and enforcing a Code of Morals. Police enforce either
laws enacted by the legislature, or laws as interpreted by the judiciary.  Wherever there
are enacted laws promulgated by due constitutional authority, the Police follow due
procedure to enforce the law against those who break it.
Contrary to the above, any instance of intimidatory, compulsive, conformity
enforcement (ICCE) has necessarily to be dealt with sternly. Police Officers must be
properly aware about the dangers and implications of criminal activities described as
‘moral policing’. They are clearly not innocent or naive acts indulged in, by individuals
who adhere to a higher standard of morality than the rest of society. On the other hand,
these activities are motivated by extreme anti-social tendencies, or narrow, communal
and fundamentalist agendas which militate against basic constitutional values.  2
Whenever information on any such criminal activity is received by a Police Officer,
a case must be registered promptly and investigated in a speedy and efficient manner.
Suo-moto cases may be registered where appropriate, without waiting for a formal
complaint. The cases registered must invoke the appropriate ingredients of criminal law,
like criminal trespass (S.324), assault/ hurt (S.323-326)/ attempt to murder (S.307)/
murder (S.302), extortion (S.383), robbery (S.390), dacoity (S.395)etc. In circumstances
where necessary ingredients are in place, use of S.153, 153-A, and 153-B must be
resorted to.  Under no circumstances, must there be any dilution in applying the
provisions of criminal law. The criminal elements must be arrested and prosecuted
effectively. Wherever justified, effective preventive legal action, including action under
Kerala Anti Social Activities (Prevention)  Act 2007 must be taken. Through stringent,
effective, deterrent legal action Police must effectively tackle this menace to the society.
While applying so, it must be remembered that in the process of law enforcement,
the general citizenry co-operates with the Police and law enforcement agencies by giving
appropriate information at the appropriate time. They are also empowered to resort to
acts in private defence of either person or property when no other recourse subsists.
Citizens can even interpose in instances of grave criminal offences as defined by enacted
laws. These are all activities permitted under law. Such lawful behaviour by citizens must
be encouraged and the same should be clearly distinguished from intimidatory,
compulsive, conformity enforcement (ICCE).
It is also important that Police officers do not themselves, fall into the trap of
‘moral policing’ and seek to enforce a nebulous ‘Code of Morals’ as against an enacted
‘Code of Laws’. When a Police officer is confronted with any doubt as to whether an act
in question should entail any action; the sole test that should be applied is to assess
whether the alleged act would constitute an offence as defined in the Indian Penal Code
or any other relevant criminal law.
State Police Chief
To
 All Officers in List ‘B’
Copy to: CAs to all officers in PHQ, Circular File.