Can a male cop search my handbag? Apparently the answer is yes!

28 December 2023 12:00 am Views - 2961

• The introduction of methamphetamine (ice) has caused a spike in rates of juvenile crimes
• Male police officers have been given the authority to check handbags, wallets and vehicles of females

The ‘Yukthiya’ anti-drug operation was launched on December 17 with the objective of cracking down on drug peddling and organised crimes that have plagued the country. So far, over 13,000 suspects have been arrested by the Police under this operation launched by Acting IGP Deshabandu Tennakoon. Public Security Minister Tiran Alles recently announced that the security forces have been given an ultimatum to complete the operation- in other words apprehending all criminals and wiping out the drug menace by the end of June 2024. 

Unsuccessful operations 

When former President Mahinda Rajapaksa launched the ‘MathataThitha’ campaign in 2005 it was about reducing alcoholism among people. But critics opined that the government didn’t have a pragmatic approach to moderate drinking habits of people. The government neither had a plan nor the funds to support this campaign. Researchers opined that between 2004 and 2013 or rather the Mahinda Chinthanaya era, over 600 new liquor licences were being issued although the numbers had come down by 2013. One of their observations was that the supply of illicit alcohol could be eliminated only when the nexus between illicit brewers, politicians, police and Excise department officials is removed. Perhaps the same theory applies to the drug menace which has spread its tentacles far and wide to all corners of the country as of today. Such state interventions weren’t effective in eradicating the alcohol problem in the country. Subsequently it took a new leap with the distribution of drugs such as heroin. During his tenure, former President Maithripala Sirisena pledged to transform Sri Lanka into a ‘Drug Free Country’. The National Drug Prevention Programme was launched under the Presidential Task Force and large hauls of cocaine and other drugs were raided and destroyed during his campaign. But these approaches didn’t wipe out the drug mafia. Today the youth are being trapped in a vicious cycle of drug abuse. The introduction of methamphetamine (ice) has caused a spike in rates of juvenile crimes. Many are being sent to drug rehabilitation centres, but critics wonder whether the quality of treatment offered at these rehabilitation centres meets the specified standards given that Sri Lanka is already experiencing a dearth of licensed psychiatrists and psychologists in the country. 

Inconveniencing the public 

The recently launched anti-drug operation is being carried out on quite a serious note. It is serious to the point that male police officers have been given the authority to check handbags, wallets and vehicles of females. When this writer was stopped for checking last week it was a male cop who checked the handbag and other personal belongings. It is rather uncomfortable to have an unknown male checking your handbag when even a known male wouldn’t do such a thing. When inquiries were made the head cop overseeing the checking said that since there were no body checks being done, it is ‘alright’ to have males check handbags and other belongings. Section 30 of the Code of Criminal Procedure Act No. 15 of 1979 states that whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.
“In light of the recent operation in search of drugs there have been various reports related to these operations,” said Bhavani Fonseka, attorney-at-law and Senior Researcher at the Centre for Policy Alternatives. “One is about the publicity in terms of the media reportage and ethics around such an operation. The other is in terms of how police should be searching and what kind of conduct should they be maintaining during such an operation. One basic guideline is that women officers should be present when searching a woman and their vehicles, bags and that’s a standard guideline which should be followed. Female officers should be deployed when such search operations take place. This is also in light of guidelines issued by the Supreme Court which ensure that human rights and human dignity should be foremost when law enforcement officials conduct their operations. I think it’s very important in this day and age when there are various allegations faced by the police, that they take utmost care and that rights of all persons need to be respected. Basic operation standards include having a female officer present when such a search takes place and a female officer should be the one searching a woman’s personal belongings. On the other hand, personal information should be shared as to what is being done, so that the person being searched is aware as to what that search operation entails,” explained Fonseka. 

“Police experiencing dearth of WPCs”-Thalduwa 

However when contacted, Police Media Spokesperson S. S. P. Nihal Thalduwa said that the police is currently experiencing a dearth of female police officers. “Therefore we cannot deploy female officers for every team. But if there’s any requirement to check a lady or a house where there are many ladies, then we use Women Police Officers (WPCs). Otherwise the male police officers have been given the authority to check ladies. But we don’t do this all the time. Male officers don’t conduct body checks, but they can stop a vehicle by the roadside and check vehicles, handbags, wallets of both males and females,” said S. S. P. Thalduwa.
Civilians are ready to support the security forces to curb the drug menace. It indeed has taken a heavy toll on the social fabric of this country. But it is also the duty of law enforcement authorities to respect the rights of all citizens while carrying out their duties.