Staging a protest: Rights, restrictions in the law, Pg14

Key Highlights:

• A recent protest by the Cockroach Janta Party in New Delhi led to police action, including lathi charge and tear gas, near Parliament Street.
• The incident highlighted the legal framework for protests, specifically Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Section 163 BNSS has replaced Section 144 of the Code of Criminal Procedure (CrPC).
• The Constitution of India protects the right to protest under Article 19(1)(a) and Article 19(1)(b).
• These rights are subject to "reasonable restrictions" as per Article 19(2) and Article 19(3).

Detailed Insights:

• Section 163 BNSS empowers an Executive Magistrate to issue orders for immediate prevention of obstruction, danger to life, or public tranquility.
• These orders are typically in force for not more than two months, unless legally extended.
• India has consistently defended its approach to regulating protests at international forums like the UN Human Rights Council.
• A 2023 study on Section 144 orders in Delhi found that only about 1.5% related to unlawful assemblies, often reissued mechanically.
• In Himat Lal K. Shah v. Commissioner of Police (1973), the Supreme Court held that states can regulate but not arbitrarily exclude public meetings.
• The Mazdoor Kisan Shakti Sangathan v. Union of India (2018) case clarified that Section 144 is an emergency power, not a permanent ban on protests.
• This ruling directed authorities to frame guidelines for protests, reaffirming Jantar Mantar as a designated protest site.
• In Amit Sahni v Commissioner of Police (2020), the Supreme Court stated that protests must be held in identified areas and cannot indefinitely block public roads.

Key Concepts Involved:

• Right to Protest: A fundamental right guaranteed by Article 19(1)(a) (freedom of speech) and Article 19(1)(b) (peaceful assembly) of the Indian Constitution.
• Reasonable Restrictions: Limitations imposed by the state on fundamental rights under Article 19(2) and Article 19(3) in the interest of public order, security, etc.
• Bharatiya Nagarik Suraksha Sanhita (BNSS): The new criminal procedure code enacted in India, replacing the Code of Criminal Procedure (CrPC).
• Section 163 BNSS: An emergency provision allowing Executive Magistrates to issue prohibitory orders to prevent public disorder or danger.