Non-lethal weapons a perfect deterrent to unruly mobs in J&K

The use of pellet guns by security forces in Jammu and Kashmir was in the news recently when the Pakistani representative in the UN General Assembly tried to pass off a photograph of a Palestinian as one of those affected by such ammunition in J&K. There is no doubt, however, that police and security forces have used less-than-lethal or non-lethal weapons (NLW) such as pellet guns, oleoresin or chilli grenades, tear gas, pepper balls, stun grenades, electron shells and plastic pellets for crowd control.

There is no internationally agreed upon definition of NLW. A workable definition states, “NLW are characterised by their ability to disable or incapacitate people or things while minimising physical harm to them, either because their effects are highly discriminate or relatively reversible”. The definition does not suggest that NLW are completely harmless, but that the intent is to minimise harm to people, equipment and infrastructure, while achieving the desired effect on targets. Most non-lethal devices are tested on animals or healthy people. Therefore, if a combative or resistive subject has an abnormal mental status, it may be associated with a risk of sudden death. Even tear gas cartridges can cause skull fracture and death.

The Supreme Court has asked the Central Government to consider using means other than pellet guns to control protesters in J&K. It has also advised the government to explore “technology-based measures” that can prevent physical harm.

Emerging technologies offer the promise of more effective control over resistive suspects, causing fewer or less serious injuries. Pepper spray was among the first of the NLWs to be adopted extensively by police forces. Recently, conducted energy devices (CEDs), such as the Taser (Thomas Appleton Swift’s Electrical Rifle), have become popular and more than 15,000 law enforcement and military agencies use them. Tasers, too, are controversial as they produce a high voltage that stuns and temporarily disables people by causing involuntary muscle contractions. These contractions can cause people to fall and experience serious fractures or head injuries. A few deaths have been reported due to such injuries.

The X-net, developed by British QinetiQ Co., is a non-lethal vehicle-arresting device that can bring a vehicle to a complete standstill. The system is man-portable, can be deployed in a matter of seconds, and causes minimal damage to target vehicles. In the US, long-range acoustic devices are effective for crowd control and/or area denial. They are the most effective when mounted on helicopters, military vehicles, armoured personnel carriers and drones. Hand-held laser weapons are also a non-lethal option for controlling crowds and protecting areas like checkpoints.

The soft law on the use of force by law enforcement agencies is contained in two documents: The 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the 1979 UN Code of Conduct for Law Enforcement Officials. The Basic Principles state: “Law enforcement officials should apply non-violent means before resorting to the use of force.” Additionally, when the lawful use of force and firearms cannot be avoided, law enforcement officials should exercise restraint and act in proportion to the seriousness of the offence; minimise damage and injury; and ensure that injured or affected persons receive medical aid. Under the Code of Conduct, “law enforcement officials may use force only when strictly necessary”. The Basic Principles allow the use of firearms in the following situations: “Self-defence or defence of others, against the imminent threat of death or serious injury, to prevent serious crime involving grave threat to life”.

The protestors in J&K have resorted to violent agitations, in which petrol and kerosene bombs and grenades have been hurled at security forces, and people, including children, have been used as shields by terrorists. When such children are hit by pellet guns, their photographs are used as propaganda against the forces. Though the Supreme Court holds that NLWs should not cause harm to individuals, one must consider that even hurling a stone can cause fatal injury. We cannot accept a situation in which security personnel are getting killed by petrol bombs or grenades.

The dignitaries at human rights commissions and the higher judicial forum, who view the use of pellet guns and other NLWs by government forces as a serious threat to life, are unaffected by the ground situation. When thousands of people come onto the street, with their faces covered and throw stones, petrol bombs and grenades, no one can make out who is behind the masks. While most people uphold the right of citizens to protest against the government, no one questions the use of lethal devices by them against the security forces.

The author is a retired Wing Commander. Views expressed are personal.