Listen to this article:

On July 20, 2026, a large section of the Indian youth, dissenters and many seeking accountability from the ruling government gathered at Jantar Mantar in Delhi to protest the falling quality of education governance, exam paper leaks and even the youth suicides that followed. What was meant to be a peaceful protest became a violent one, not due to the actions of the protestors, but due to how it was handled by those ‘containing’ the protest.

The reported use of expired tear gas by the Delhi Police in a violent crackdown on protesters in the national capital is much more than just another example of the questionable nature of crowd control methods. This act raises several issues related to legality, proportionality and the state’s obligation to ensure the safety of its citizens.

The use of tear gas and other Riot Control Agents (RCAs) in international law has been quite disputable, and even publicly condemned, for decades. Although it is allowed in certain domestic cases as a tool of law enforcement agencies, the use of RCAs, even in regulated circumstances, has long-term serious consequences. The use of such RCAs when expired can be even more detrimental. 

Expired tear gas has no place in democratic policing

Among the chemicals used as RCAs are substances such as o-chlorobenzylidene malononitrile (CS), 2-chloroacetophenone (CN) and oleoresin capsicum (OC). These are meant to affect the eyes, skin and breathing apparatus of those affected by creating irritants. One assumption that justifies their legality is that RCAs cause only temporary discomfort and damage. However, even this assumption has been brought into question by numerous reports of the long-term impact of chemical RCAs on the public and environment.

A protest is not an angry parade, but it is also not a riot. Popularly, a riot is defined as one when masses break into the destruction of public infrastructure or cause harm to individuals, not gatherings meant to lead to discussion. Protest, as the gathering at Jantar Mantar is, is meant to be a demonstration of anger over mistreatment. Ruling governments, therefore, must not initiate violence against what is clearly dissent.

Even beyond the controversy of the government and police initiating violence by using tear gas, any justification that could possibly be offered is completely undermined by the usage of expired canisters.

Screengrab from a protester’s video posted on social media, showing the use of........

© The Wire