Getting to grips with bouncers

A single bench of Justice Rajeev Ranjan Prasad of the Patna High Court recently condemned the practice of banks and finance agencies engaging musclemen, also known as bouncers, to seize hypothecated vehicles from their owners. The court asserted that such acts violate the fundamental right to life and livelihood guaranteed by the Constitution. The application of force in these situations can lead to the filing of FIR against the banks or agencies.

In August last year, a manager and six bouncers were arrested in Gurugram for assaulting visitors at the Casa Denza Club. The altercation started when a bouncer inappropriately touched a woman visitor and her male friends objected to his misconduct. A group of 10 bouncers and two managers attacked the visitors, forcing them out onto the road and beating them with sticks.

Following the incident, the Gurugram Police Commissioner directed all police stations to verify the backgrounds of bouncers and employees working in bars and clubs within their jurisdictions. It was discovered that two of the arrested bouncers had a criminal history.

In another case from March last year, bouncers were hired to evict government officials, which surprised the apex court. The bench, led by Chief Justice NV Ramana, questioned the involvement of a private firm in the eviction and remarked, "How can they send bouncers against the Government of India?"

While banks have no provision to recruit bouncers for loan recoveries, many still employ them. During the Question Hour on July 1, 2019, in the Lok Sabha, the then Union Minister of State for Finance Anurag Thakur clarified that the Reserve Bank of India has clear instructions for banks to appoint recovery agents after proper police verification. Banks do not have the authority to employ bouncers to recover loans through physical force. The RBI circular prohibits lenders from engaging in undue harassment, including persistently bothering borrowers at odd hours or using muscle power for loan recovery.

Most hotels and pubs hire bouncers based on physiques, aiming to instill a sense of fear in potential troublemakers and maintain a peaceful atmosphere. This psychological deterrent is preferred over physical force.

Private security agencies in India operate under the Private Security Agencies (Regulation) Act 2005 (PSARA), which governs their functioning. Although the Act doesn't explicitly mention bouncers, security agencies recruit them as security guards under this Act. Bouncers are typically young men with a robust physique and are better-paid licensed weapon-holders compared to security guards. Topsgrup, a security agency, employs over 87,000 personnel, with 10% of them serving as bouncers. In recent years, more women have joined the profession, with around 5,000 in 2016.

While people are at liberty to file cases in India against bouncers for assault, the agencies employing such people are liable for cancellation of their licence under Section 13(1)(k)(iii) if the security guards are "found habitually drunk and are indisciplined". The bouncers can use force to the extent that would be justifiable in self-defence, as is the right available to any citizen. But they have no right to assault or confine any unruly person. They may contact the police if they find the situation getting out of hand but cannot act as policemen themselves.

In many countries, people with licences and clean antecedents are engaged as bouncers, while in some others, they are required to have special skills duly certified. In Australia, such responsibilities are given to former policemen who, by virtue of past experience, are considered better-suited to handle unruly people.

Since the duties of bouncers are specialised and more demanding, separate sections need to be added to the PSARA. It is a growing industry employing over 50 lakh people, including women, in our country. They need to be specially trained to handle difficult situations so as not to become a nuisance themselves by resorting to violence at the very initial stages. In another four years, after the first batch of Agniveers is out of service, many may opt to be bouncers merely for the lure of higher salaries as the demand for them increases in private security agencies. They could well be trained to maintain their cool in adverse situations by deputing them for courses to take up jobs as security guards and bouncers.

(The writer is Inspector General of Police (Retd), CRPF)