The Supreme Court has held that public employers, especially the police, should take care not to induct criminals into their rolls while brushing off their violent past as “petty” misdemeanors of youth quite common in rustic India.
A Bench of Justices K.M. Joseph and S. Ravindra Bhat said certain types of repetitive crimes committed in rural society like molestation of women, assault, trespass, etc., point to its casteist, hierarchical under-belly.
The judgment authored by Justice Bhat came on the basis of an appeal filed by the Delhi Police Commissioner.
The police’ screening committee had refused entry of some candidates, mostly drawn from rural areas, to the post of constable on the ground that they had a criminal past. One of the candidates to the post of a woman constable was accused of abducting her husband. The husband is still untraceable.
The Delhi High Court made general remarks about how felonies form a part and parcel in rural settings.
‘Unacceptable’
“The High Court’s approach, evident from its observations about the youth and age of the candidates, appears to hint at the general acceptability of behaviour which involves petty crime or misdemeanour. The impugned order indicates a broad view, that such misdemeanour should not be taken seriously, given the age of the youth and the rural setting. This court is of opinion that such generalisations, leading to condonation of the offender’s conduct, should not enter the judicial verdict and should be avoided,” the Supreme Court observed its disagreement with the casual tone taken by the High Court.
The court said the public employer must scrutinise each and every detail from the candidate's past.
“More so, in the case of recruitment for the police force, who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security,” Justice Bhat underlined.
The judgment said the criminal conduct of the candidates indicates a larger social malaise.
“Certain types of offences, like molestation of women, or trespass and beating up, assault, causing hurt or grievous hurt, (with or without use of weapons), of victims, in rural settings, can also be indicative of caste or hierarchy-based behaviour,” the apex court noted.
