Calcutta High Court Terms Public Parading of Accused a Violation of Human Rights, Reaffirms Right to Dignity
Court Says Police May Arrest an Accused, But Cannot Subject Them to Public Humiliation Before Trial
In a significant reaffirmation of constitutional protections, the Calcutta High Court has observed that publicly parading accused persons is impermissible and amounts to a violation of human rights. The Court stressed that while law enforcement agencies possess the authority to arrest individuals in accordance with the law, they cannot humiliate or publicly shame them before their guilt is established through judicial proceedings.
The oral observations were made while the High Court was hearing petitions arising from incidents in which accused persons were allegedly marched through public streets with ropes tied around their waists, attracting crowds and widespread circulation of videos on social media. The Bench expressed concern that such practices undermine the dignity guaranteed to every individual under the Constitution.
Emphasizing the principle of the presumption of innocence, the Court observed that every accused remains innocent until proven guilty in a court of law. Publicly displaying or humiliating an accused before trial effectively imposes a form of punishment without judicial determination, which is incompatible with the rule of law and constitutional guarantees.
During the hearing, the Bench orally remarked, “You may arrest, but you cannot humiliate them,” making it clear that arrest does not authorize law enforcement agencies to compromise an individual’s dignity. The Court underscored that constitutional rights continue to protect persons in police custody irrespective of the nature of the allegations against them.
The High Court also sought reports from the State authorities regarding the circumstances under which the accused were allegedly paraded in public. The Bench indicated that policing practices must conform to constitutional principles and that any deviation from established legal safeguards warrants judicial scrutiny.
In a related development, the Calcutta High Court recently reiterated that it is the State’s responsibility to safeguard the life, honour and dignity of every person in its custody. The Court directed the West Bengal Government to frame comprehensive guidelines for the transportation of accused persons and prisoners to prevent incidents of public humiliation, including attacks by protesters.
Legal experts note that the High Court’s observations are consistent with long-standing Supreme Court jurisprudence, including the principles laid down in D.K. Basu v. State of West Bengal, which require humane treatment of arrested persons and prohibit custodial abuse. The judiciary has consistently held that the power of arrest must be exercised in a manner that respects the dignity and fundamental rights guaranteed under Articles 14 and 21 of the Constitution.
The case is expected to influence future policing practices by reinforcing that criminal investigations cannot become instruments of public spectacle or social punishment. The High Court’s observations send a clear message that constitutional protections do not disappear upon arrest and that respect for human dignity remains a cornerstone of India’s criminal justice system.
