Barricades Cannot Silence The Voice Of Democracy, Pg8

Key Highlights:

• Protests against Chief Election Commissioner (CEC) Gyanesh Kumar occurred at Jantar Mantar on October 2, 2026, leading to prohibitory orders.
• Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was imposed, resulting in mass detentions and restrictions on movement.
• Concerns were raised about the "erasure of protest geography" in Delhi, with designated sites like Jantar Mantar facing increased barricading and denial of permissions.
• The Supreme Court in Mazdoor Kisan Shakti Sangathan vs Union of India (2018) recognized peaceful protest as a fundamental right and called for regulation over blanket prohibition.
• The article highlights issues with the Special Intensive Revision (SIR) of electoral rolls and the 2023 Act on the appointment of Election Commissioners, which removed the Chief Justice of India (CJI) from the selection panel.

Detailed Insights:

• The protests were sparked by a media investigation into the Election Commission of India (ECI), raising questions about electoral integrity.
• Section 163 of BNSS replaced Section 144 of the Code of Criminal Procedure (CrPC), which was enacted on December 25, 2023, and came into force on July 1, 2024.
• Historically, protest routes in Delhi included Mandi House to Jantar Mantar or Parliament Street, and Ramlila Maidan, but permissions have been largely denied since the COVID-19 lockdown.
• Similar restrictions on protest sites have been observed in other cities like Bengaluru (Town Hall to Freedom Park) and Hyderabad (Dharna Chowk).
• The 2023 Act on Election Commissioner appointments established a selection committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in Lok Sabha, replacing the CJI.
• The Special Intensive Revision (SIR) of electoral rolls is perceived to threaten mass disenfranchisement of vulnerable sections like the poor, migrants, minorities, and women.
• The Supreme Court in the Ramlila Maidan case (2012) affirmed the right to peaceful assembly and emphasized that powers under Section 144 CrPC must be exercised judiciously.
• The right to protest is enshrined in Article 19 of the Indian Constitution.

Key Concepts Involved:

• Bharatiya Nagarik Suraksha Sanhita (BNSS): A new criminal procedure code that replaced the Code of Criminal Procedure (CrPC), enacted in 2023 and effective from July 1, 2024.
• Section 163 (BNSS): Empowers executive magistrates to issue prohibitory orders to prevent public gatherings or disturbances.
• Jantar Mantar: A designated site in Delhi for public protests and demonstrations.
• Special Intensive Revision (SIR): A process for updating and verifying electoral rolls, which can lead to deletions or additions of voters.