Calcutta HC Condemns Public Parading of Accused: Violation of Dignity Under Article 21

Indian Express - Explained · 11 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Calcutta High Court criticized West Bengal police for publicly parading accused persons, calling it a violation of constitutional dignity under Article 21, and sought a report within three weeks.

Key points

Calcutta High Court condemned the public parading of accused persons in West Bengal, where videos showed them tied with ropes and walked through streets, calling it a violation of dignity.

The court directed the West Bengal police to submit a report within three weeks, emphasizing that while arrests are lawful, public humiliation is not.

Section 43(3) of Bharatiya Nagarik Suraksha Sanhita permits handcuffing only in specific grave offences like terrorism, organized crime, or sexual offences against children, but even then, it is discretionary ('may' not 'shall').

The Prisoners (Attendance in Court) Act, 1955 allows state governments to frame rules for escorting prisoners but does not authorize public parading or humiliation.

Prem Shankar Shukla v. Delhi Administration (1980) ruled handcuffing as 'inhuman' and 'arbitrary,' violating Articles 14, 19, and 21, unless justified by documented escape risk.

Citizens for Democracy v. State of Assam (1995) reinforced this, prohibiting handcuffs or fetters on prisoners unless exceptional circumstances are recorded in writing.

[GS2-Polity] This connects to Article 21 (Right to Life and Personal Liberty), as courts have expanded it to include dignity, prohibiting state actions that degrade or humiliate individuals.

[GS4-Ethics] The case highlights police accountability and ethical governance, questioning whether law enforcement adheres to constitutional morality or perpetuates custodial abuse.

Way Forward: States must issue clear guidelines prohibiting public parading, mandate body cameras for police to ensure accountability, and conduct regular human rights training for law enforcement.

Key terms

Article 21

Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty, interpreted by courts to include dignity, privacy, and freedom from torture. It prohibits arbitrary state actions that degrade individuals, making it central to custodial rights and police accountability in UPSC's polity and governance questions.

Bharatiya Nagarik Suraksha Sanhita

Replacing the CrPC, this new criminal procedure code outlines arrest protocols, including limited use of handcuffs only for grave offences like terrorism or organized crime. Its Section 43(3) is critical for UPSC's policing reforms and fundamental rights discussions.

Prem Shankar Shukla Case (1980)

A landmark Supreme Court judgment that declared routine handcuffing unconstitutional, violating Articles 14, 19, and 21. It mandated written justification for restraints, shaping custodial rights and police procedures—a frequent reference in UPSC's judiciary and rights topics.

Prisoners (Attendance in Court) Act, 1955

This Act governs the transit of prisoners to courts, allowing states to frame escort rules. Its Section 9(2)(e) is relevant for UPSC's questions on prison reforms and the balance between security and human rights.