For violating lawyer rights, Gawahati HC orders 5 lakh indemnity

Guwahati: The Guwahati High Court has ordered the Assam Police to pay Rs 5 lakh as damages to a lawyer for violating basic human rights.
The order by the Guwahati High Court to the Assam Police Department came after the lawyer filed a case alleging violation of his rights by handcuffing him.
The Guwahati High Court has ordered the Assam Police to pay compensation to the lawyer within two months.
The case relates to an incident in 2016 between a lawyer and a home guard who falls under Pan Bazar police station in Guwahati city, Assam.
The lawyer was arrested and handcuffed by the Assam Police after he was accused of abusing a home guard, Md Faizul Haque.

The case was registered under various sections of the Indian Penal Code (IPC).

The lawyer alleged that he was handcuffed at the police station and during his medical check-up, which is a violation of Supreme Court guidelines.

Supreme Court of India has imposed certain restrictions on the use of handcuffs.

In the case of Sunil Batra v. Delhi Administration (1978), the court held that the use of handcuffs must be justified by the police and should not be used as a form of punishment.

The court also stated that the use of handcuffs should be avoided in non-violent offenses, women, and juveniles.

The court further held that the use of handcuffs should be the last resort and should be removed as soon as possible.

Despite the restrictions imposed by the Supreme Court, the practice of handcuffing in India remains widespread.

According to a report by the National Human Rights Commission (NHRC) in 2010, the use of handcuffs is prevalent in several states, including Uttar Pradesh, Bihar, and Jammu and Kashmir.

The report further stated that the police often use handcuffs as a form of punishment, and in some cases, detainees are kept in handcuffs for extended periods, leading to physical and psychological trauma.

The practice violates an individual’s right to dignity and personal liberty and can lead to physical and psychological harm.