Public Order vs Law and Order
Public order and law and order might seem like identical concepts at first, leading people to use them interchangeably. However, a recent court ruling in India has clarified that these two terms are different and should not be equated. In this article, we will examine the distinctions between public order and law and order for the benefit of readers and those responsible for maintaining peace and law and order.
Law and order is a general term that applies to an entire area, while public order is a duty imposed upon an official from the administration, usually the District Magistrate, when there is a breach of peace and public calm in a specific location within the district at any given point in time. As such, public order is temporal in nature, while law and order is a continuous, ongoing term. For example, a District Magistrate can analyze the law and order situation in the district but must rush to the scene to maintain public order in any location where law and order has been breached. Some instances where this might occur include communal riots or caste clashes.
In a recent judgment, the Gujarat High Court released a woman who had been detained on charges of bootlegging. The court determined that the issues of law and order and public order are different, and the provisions of the Anti Social Activities Act to charge someone for disturbing law and order are invalid, as PASA can be applied only where there is a breach of public order. The court held that while bootlegging is an offense, it is an issue related to the breach of law and order, and the provisions of PASA do not apply, meaning the individual cannot be charged under PASA for bootlegging. The court observed that bootlegging cannot be assumed to affect the tempo of the life of society.
Key Takeaways
• Law and order is a general term that applies to an entire area, while public order refers to a situation of breach of law and order at a specific location at any given time.
• Law and order is a continuous, ongoing term, whereas public order is more temporal in nature.
• The provisions of the Anti Social Activities Act can be applied only where there is a breach of public order, not for issues related to the breach of law and order.
