'Strikes At Very Core Of Dignity': Rajasthan High Court On Police Allegedly Humiliating Accused By Parading Him In Female Attire
The Rajasthan High Court has taken serious note of police authorities' alleged conduct of shaving an accused's head and forcefully making him parade in a crowded market-place in woman's clothes. The bench of Justice Farjand Ali opined the incident to be such that struck at the very core of human dignity and constitutional morality, and stated that the petitioner had the option of...
The Rajasthan High Court has taken serious note of police authorities' alleged conduct of shaving an accused's head and forcefully making him parade in a crowded market-place in woman's clothes.
The bench of Justice Farjand Ali opined the incident to be such that struck at the very core of human dignity and constitutional morality, and stated that the petitioner had the option of instituting proceedings for damages, compensation or personal injury.
For context, a petition was filed before the Court by a person accused of cheating, alleging that the police authorities subjected him to acts of public humiliation and indignity.
It was contended that after he was picked up from his residence by people in civil clothes, he was subjected to custodial assault at a police station. Thereafter, he was handed over the police officials of another police station.
Before producing him before the competent court, as alleged, the police authorities shaved his head, made him wear woman's clothes, and paraded him through a crowded market place. Thereafter, the photos and videos of the incident were also widely circulated socially.
This contention was opposed by the Superintendent of Police, who submitted that at the time of arrest, the petitioner was already wearing female attire and had his head shaved, in order to conceal his identity and evade arrest.
After hearing the contentions, the Court rejected the explanation provided by the Superintendent, and opined,
“It does not appeal to reason, nor does it comport with ordinary human conduct, that a person desirous of concealing his identity would voluntarily shave his head, attire himself in women's clothing, and thereafter permit himself to be paraded through a crowded public market, exposing himself to ridicule, humiliation and public gaze. Had the intention truly been to avoid identification, the natural conduct would have been to avoid any public exposure…”
In this background, the Court observed that the explanation was merely an attempt to cover up the incident that violated human dignity and constitutional morality.
However, the Court considered the assurance provided by the Superintendent of not allowing such incident to get repeated in future, and preserving dignity of the individuals while in custody.
Accordingly, while no proceedings were initiated against the concerned police officials, the Court stated that the petitioner had the liberty to avail appropriate remedies like proceedings for damages, compensation or personal injury.
Title: Puranmal v State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 214