The Right to Live Without Fear: Why Law and Order Is Kerala’s Biggest Challenge

Kerala has long been celebrated as God's Own Country, a state admired not only for its natural beauty but also for its social harmony, strong public institutions and a general sense of everyday safety. For decades, this perception shaped how the state was viewed both within India and beyond. In recent years, however, that image has begun to show signs of strain. Allegations of selective law enforcement, rising crime and institutional silence have prompted uncomfortable questions about whether the state is fulfilling its most basic responsibility of ensuring security without fear or favour.

At the heart of these concerns lies a growing unease among sections of the public that the balance of justice is no longer even. The sense of security that once defined Kerala appears to be giving way to anxiety, driven by the belief that the law is not applied uniformly and that political considerations increasingly influence policing priorities.

This unease intensified following the late night arrest of journalist and Marunadan Malayali editor Shajan Skariah on Monday, 5 May 2025. He was taken into custody by the Thiruvananthapuram Cyber Police from his residence at Kudappanakunnu around 10.25 pm. The timing and manner of the arrest immediately drew criticism from media organisations, political leaders and civil rights groups across the state, pushing the debate on law enforcement practices firmly into the public domain.

The arrest stemmed from a complaint filed by a woman from Mahe, who alleged that a video published on the Marunadan Malayali YouTube channel contained sexually explicit and defamatory content that harmed her personal life. Acting on the complaint, the police registered a case under Section 790 of the Bharatiya Nyaya Sanhita, along with provisions of the Information Technology Act and the Kerala Police Act.

While the allegations themselves require legal examination, it was the procedure followed by the police that raised widespread concern. Skariah told reporters that he was taken into custody without being informed of the charges and was not allowed to even wear a shirt before being removed from his home. He alleged that the arrest was politically motivated and intended to intimidate him for his reporting on Chief Minister Pinarayi Vijayan and his family.

Later that night, Skariah was produced before the Vanjiyoor Magistrate. His counsel argued that there was no justification for custodial interrogation and pointed to procedural lapses in the arrest. The court agreed that due process had not been followed and granted him bail, subject to strict conditions including the furnishing of two sureties.

Following his release, Skariah reiterated his claim that the police action was part of a targeted campaign and suggested the involvement of senior officials. The episode placed the Home Department on the defensive and added fuel to criticism that law enforcement in Kerala is becoming increasingly selective and politically driven.

Media bodies were among the first to respond. The Thiruvananthapuram Press Club described the arrest as outrageous, stating that while the police have the authority to act against legal violations, such action must not come at the cost of human dignity or press freedom. Its leadership questioned the necessity of late night arrests in cases where there is no risk of flight or obstruction.

Political reactions soon followed. Bharatiya Janata Party state president Rajeev Chandrasekhar accused the CPI(M) led government of fostering a police state that undermines constitutional rights. Former Nilambur MLA PV Anvar also criticised the government, questioning why a well known public figure was arrested late at night when he was easily accessible during the day. He suggested that the move appeared designed for political impact rather than legal necessity.

The controversy also revived attention on Skariah's previous legal entanglements. In 2023, he was arrested in a forgery case and faced allegations of inciting communal tension. Earlier this year, he was booked under the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act following a complaint by a sitting MLA. In each instance, courts granted him bail. Legal observers have pointed out that the pursuit of complaints against him has appeared uneven, reinforcing concerns about inconsistency in enforcement.

Beyond individual cases, the broader implications of selective policing are far more serious. They erode public trust and weaken the state's ability to protect ordinary citizens. Nowhere is this more evident than in the rising incidence of crimes against women in Kerala.

Official data from the National Crime Records Bureau for 2023 reveals a worrying increase in crimes against women in the state, with more than 16,000 cases registered during the year. A significant proportion involved domestic violence, highlighting failures in early intervention and community level policing. At the same time, cyber offences have surged, with women disproportionately affected through harassment, impersonation and blackmail.

These are crimes that demand preventive strategies, swift investigation and consistent follow up. When law enforcement becomes reactive or selectively forceful, everyday crimes that threaten personal safety often remain inadequately addressed. Law and order cannot be assessed through high visibility arrests alone. It is reflected in whether women feel secure in their homes, workplaces, online spaces and public life.

Kerala's crime trends also reveal a troubling divergence from the national picture. While murder cases declined across India in 2023, the state recorded an increase. Personal enmity and domestic disputes emerged as leading motives, underlining the need for proactive conflict resolution and intelligence driven policing rather than episodic displays of authority.

It is within this broader context that the BJP has sharpened its focus on law and order as a core governance issue. Union Home Minister Amit Shah recently cautioned that while Kerala may appear calm on the surface, deeper security challenges are steadily emerging. He argued that any responsible government must identify such threats early and act decisively to prevent future harm.

Kerala BJP chief Rajeev Chandrasekhar has echoed this view, accusing certain political and religious groups of placing vote bank considerations above public safety. According to him, development, employment and social harmony cannot coexist with compromised law enforcement and selective silence on security concerns.

The debate now confronting Kerala is ultimately about priorities. It is about whether the rule of law will be applied evenly or selectively, and whether policing will focus on prevention and protection or remain reactive and politically influenced.

Kerala does not need excuses. It needs enforcement.
Kerala does not need silence. It needs action.

The right to live without fear is not a privilege. It is the foundation of any civilised society.