Police Powers and Public Security

A consistent theme is a concern about police harassment of PLWHA and vulnerable populations, such as sex workers. The extent to which the exercise of police powers is restrained by law, therefore, becomes highly relevant to the protection of individual rights in the context of the epidemic.

Police are also given a large measure of discretion under public security laws to take action against individuals or groups, who they perceive to be acting contrary to the interests of public security or public order. In India, the Delhi Police Act permits the police to prohibit certain acts in public places on the ground of maintaining public order and decency, and has been used to prevent public demonstrations by sexual minorities. Moreover constitutional rights such as freedom of expression and movement and the right to work can be restricted on grounds of public security and public order. This limits the human rights protection available to groups such as sex workers and sexual minorities.