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The Orissa High Court has taken a firm stance against the alleged mistreatment of an Army officer and his fiancée at the Bharatpur police station in Bhubaneswar, demanding concrete steps from the Odisha government to ensure the dignity of armed forces personnel. This incident, which has sparked widespread outrage, highlights a critical issue of systemic bias and disregard for the rights of military personnel when they encounter law enforcement. The court’s intervention underscores the urgent need for comprehensive policy changes to safeguard the respect and protection owed to those who serve the nation in uniform.
The incident unfolded when the Army officer and his fiancée approached the Bharatpur police station to lodge a complaint against miscreants who had harassed them. Instead of receiving assistance, they were met with a cold reception and, according to allegations, the woman was subjected to molestation and sexual harassment. The officer was subsequently arrested, leading to accusations of non-compliance with guidelines for detaining armed forces personnel. The court has taken suo motu cognisance of the matter based on a representation by the Indian Army, underscoring the seriousness of the allegations and the potential for a breakdown in public trust.
The Orissa High Court’s concerns extend beyond the specific incident, focusing on a broader issue of systemic bias against armed forces personnel. The court expressed skepticism about whether similar treatment would be meted out to an IPS officer, questioning the apparent disparity in the police response based solely on the officer’s status as a member of the armed forces. This highlights a critical concern: the potential for implicit biases to influence law enforcement actions, jeopardizing the fair treatment of those who serve in the military. The court’s remarks echo concerns about the lack of sensitivity and understanding regarding the unique circumstances and legal protections that pertain to armed forces personnel.
In response to the allegations, the Orissa High Court has directed the State government to implement comprehensive measures to protect the dignity of armed forces personnel, referencing the landmark Supreme Court rulings in D.K. Basu and Paramjeet Singh Saini cases, which pertain to custodial rights and the prevention of torture. These directives signal a strong call for accountability and a commitment to ensuring that armed forces personnel are treated with respect and protected from abuse while interacting with law enforcement. The court has further highlighted the need for specific policies and procedures to address the unique needs and circumstances of those serving in the military, particularly when they are away from their bases and seeking assistance from civilian authorities.
The absence of CCTV surveillance at the Bharatpur police station has been a major point of contention, raising concerns about the potential for misconduct and abuse to go undetected. The court’s direction to install and maintain CCTV cameras in police stations across the State is a crucial step towards promoting transparency and accountability in law enforcement. The directive underscores the importance of technology and oversight in safeguarding individual rights and preventing abuse of power. The State government’s response, indicating the presence of CCTV surveillance in a majority of police stations, while positive, needs to be accompanied by rigorous enforcement and monitoring to ensure their effectiveness.
The Orissa High Court’s actions in this case are a testament to its commitment to upholding the dignity and rights of armed forces personnel. The court’s stance sends a strong message to the Odisha government and other law enforcement agencies, emphasizing the need for a paradigm shift in their approach to dealing with those who serve the nation. The case also highlights the importance of ensuring that all individuals, regardless of their profession or status, are treated with fairness, respect, and dignity within the legal system.
Source: How are you going to protect dignity of armed forces personnel, HC asks Odisha government