The Ethical Distaste and Legal Jumprope of Using (Expired) Tear Gas In a 'Democracy'
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 expired tear gas shells by the Delhi Police during the July 20 protest at Jantar Mantar, New Delhi, Photo: Instagram.
There is a clear reason why chemical weapons are produced with a designated shelf life. Propellants, pyrotechnics and even the way they spray the chemicals could degrade after the expiry date and become unpredictable. The canister could fail to spray properly, burn incorrectly and release products of degradation, whose impact on health has not yet been researched adequately. Police forces cannot claim they are using "the minimum necessary force" if they use ammunition which has outlived its official shelf life.
According to international human rights standards, the use of force by police officers must meet the standards of legality, necessity, proportionality, and accountability. The UN Basic Principles on the Use of Force and Firearms state that force can be used only if it is strictly necessary and only to the degree that is needed to achieve the law-enforcement purpose. These principles cannot be waived just because the protest was labelled as "illegal."
Also read: 12 Questions About Police Brutality on Students in Delhi Amit Shah Must Answer
Unfortunately, the government's regular violent responses to the public’s displeasure have normalised these actions and few members of the public, the media and even the authorities question them. The use of chemical agents that have gone past their expiration date is incompatible with these duties. Such an act might not only reflect negligence on the part of the state, but also may breach of the state’s duty to ensure the protection of the rights to life and health of individuals.
Equally concerning is the question of transparency. Transparent policing is a hallmark of democracy. If the expired tear gas was used, several questions need to be answered immediately.
Who sanctioned such action? Were authorities aware of the expired munitions and acting out of malice, or unaware and acting out of incompetence? Were medical staff prepared to deal with the outcomes of such chemical use? Is there any forensic investigation of the event taking place? Failure to answer these questions only adds to the public’s lack of trust in authorities and the list of increasing failures that the protest sought to highlight in the first place.
In an international context, the use of RCAs has become controversial since there is a certain grey area surrounding their deployment. The Chemical Weapons Convention forbids the use of RCAs as a means of warfare and allows them to be used for "policing at home." The key idea is that the police use RCAs moderately and responsibly, which becomes difficult, if not impossible, when they use expired chemical agents.
Security officials use tear gas during the ongoing protest over alleged irregularities in the NEET examination, near Jantar Mantar in New Delhi, July 22, 2026. Photo: PTI.
The responsible authorities, including the National Authority Chemical Weapons Convention (NACWC), oversee the application of the Chemical Weapons Convention in India and while the use of RCAs in domestic conflict may not directly come under its domain, the use of expired munitions and the responsible disposal of the same must be discussed. Further, the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2015, under the Ministry of Environment, Forest And Climate Change (MoEFCC), should also govern the responsible and timely disposal of such expired munitions.
Again, the presence of such governing bodies and tools begs the question of who was in charge of deploying such munitions and who should be held accountable under existing laws, simply regarding irresponsible use and disposal, if not the more egregious impact on human health.
This matter goes beyond mere legality. It is an issue of democratic principles. Protest, even if disruptive, is an indispensable aspect of constitutional democracy. Any reaction from the state ought to endeavour to promote the holding of peaceful protests, encouraging dialogue between the voters and residents and the authorities that have been placed in power by them.
The use of expired tear gas is also indicative of institutional challenge, poor inventory control and management; a lack of sufficient monitoring of these weapons; and a lack of proper reporting of the acquisition, storage, testing and disposal of such weapons in the country. If this is indeed the case, there must be a national audit of all RCAs in the possession of the police and paramilitary forces.
Urgent changes for better governance
For one, an independent inquiry must ascertain whether expired tear gas had been or is still being used, determine the chain of command in question, and find out whether the operating protocol has been followed. The MoEFCC and NACWC must work together in this regard.
Second, the chemical crowd control weapons need to be independently certified regularly and any stocks which have expired need to be discarded, not kept in operational inventory.
An Rapid Action Force jawan fires tear gas shells near Shasti Bhawan Metro on July 20. Photo: PTI
Third, each use of RCAs needs to be compulsorily reported, including what kind of agent was used, the amount used, where it was used, who authorised the use and the injuries caused. The Delhi Police must ensure that medical facilities are informed beforehand of any such use and all such facilities have trained personnel on hand to handle the impact of chemical agents.
Protecting dissent
For those who are facing the impact of such munition deployment, it is important to remember how one can protect themseleves and the vulnerable from tear gas – expired or otherwise.
- Leave the location of munition deployment immediately. It is important to ensure that any vulnerable areas like the eyes, open wounds, or mouth do not get contaminated.
- Decontamination is a priority, with fresh water or saline. Responsible removal of any affected clothing and disposal of such clothing will also prevent any future contamination.
- Seeking medical help is important if there is difficulty breathing, chest pain, irritated eyes or burns, especially if such symptoms persist after getting out of the area.
Indeed, the actions in India serve as an example of a larger truth: RCAs are controversial weapons, the legality and legitimacy of which will continue to be disputed among politicians, judges and human rights activists. While the usage of these weapons may be legal, it will never excuse the absence of responsibility for public safety.
In case the allegations regarding the usage of expired tear gas are true, the government will not only have made a mistake in terms of tactics, but will also have demonstrated its inability to govern properly.
Until there is more international and national agreement about the possible role of chemical agents in police work, governments have to at least make sure that their usage is based on legality, transparency, accountability and scientific principles. A democracy is not only the ability to keep order but also the ability to use power responsibly.
Shravishtha Ajaykumar is an Associate Fellow in CBRN (chemical, biological, radiological, and nuclear) Security and Emerging Technologies, Centre for Security, Strategy and Technology, Observer Research Foundation.
This article went live on July twenty-fifth, two thousand twenty six, at twenty-three minutes past twelve at noon.The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
