Delhi Police Denies Permission for CJP’s Parliament March: Key Legal Implications for UPSC Aspirants

19 Jul Delhi Police Denies Permission for CJP’s Parliament March: Key Legal Implications for UPSC Aspirants

Subject Relevance — Where This Topic Fits

• GS Paper II — Indian Polity and Governance: Constitution, fundamental rights, public order, and law enforcement agencies.  |  GS Paper III — Internal Security: Challenges to internal security through non-state actors and their manifestations.
• Prelims: Right to Protest, Freedom of Assembly, Article 19(1)(b), Reasonable Restrictions, Section 163 BNSS, Section 223 BNS, Jantar Mantar, Public Order, Law Enforcement Powers, Preventive Detention
• Essay: Democracy, Dissent, and Public Order: Balancing Rights and Responsibilities, The Evolving Landscape of Protest in India: Challenges and Opportunities for Democratic Governance

Quick Revision: The right to protest and freedom of assembly, enshrined in Article 19(1)(a) and (b) of the Indian Constitution, are subject to reasonable restrictions, with legal provisions like Section 163 BNSS empowering authorities to regulate public gatherings to maintain public order and security.

Previously Asked: Asked in UPSC Prelims 2021: ‘Right to Protest’

Why is this in the news?

The Delhi Police recently reiterated its refusal to grant permission for a proposed march to Parliament by the Cockroach Janta Party (CJP) on July 20, citing the absence of a formal request and the imposition of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the New Delhi district. This development underscores the legal framework governing public assemblies and protests, particularly concerning the balance between citizens’ fundamental rights and the state’s prerogative to maintain public order and security, especially during significant events like the commencement of a Parliamentary session.

Background

• The CJP had planned a march to Parliament on July 20, coinciding with the opening day of the Monsoon Session, to protest alleged irregularities in the NEET examination and demand the resignation of the Union Education Minister.
• The Delhi Police stated that no permission request was received for the CJP’s proposed march, and consequently, no permission was granted.
• Prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 144 of the Code of Criminal Procedure (CrPC), are currently in force across the New Delhi district.
• These orders prohibit assemblies of five or more people, protest marches, processions, and demonstrations, except at the designated site of Jantar Mantar with prior official permission.
• The police warned that participation in an unauthorised procession could lead to legal action, specifically mentioning prosecution under Section 223 of the Bharatiya Nyaya Sanhita (BNS) and other applicable laws.
• Strict security arrangements have been implemented in New Delhi to ensure public safety, protect dignitaries, and secure vital government installations during the ongoing Monsoon Session of Parliament.
• Climate activist Sonam Wangchuk, who was previously removed from Jantar Mantar during an indefinite hunger strike, has also expressed support for the CJP’s march.
• The CJP’s protest is primarily focused on demanding the resignation of Union Education Minister Dharmendra Pradhan over alleged irregularities in the NEET examination and other public examinations.

Right to Protest and Freedom of Assembly in India

• The right to protest is an integral aspect of the fundamental right to freedom of speech and expression and the right to assemble peaceably and without arms, guaranteed under Article 19(1)(a) and Article 19(1)(b) of the Constitution of India, respectively.
• These rights are not absolute and are subject to reasonable restrictions imposed by law in the interest of public order, sovereignty and integrity of India, security of the state, decency or morality, contempt of court, defamation, or incitement to an offence, as stipulated in Article 19(2) and Article 19(3).
• Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) empowers an Executive Magistrate to issue orders in urgent cases of apprehended danger or nuisance, prohibiting assemblies or acts that are likely to cause obstruction, annoyance, or injury to any person lawfully employed, or danger to human life, health, or safety, or a disturbance of the public tranquility, or a riot, or an affray.
• Violation of such prohibitory orders can lead to penal action under Section 223 of the Bharatiya Nyaya Sanhita (BNS), which addresses disobedience to an order duly promulgated by a public servant.
• The Supreme Court of India has affirmed that while the right to protest is a fundamental right, it must be exercised in a manner that does not infringe upon the rights of others or cause undue disruption to public life, and designated protest sites are often established to manage such gatherings.
• The state has a legitimate interest in maintaining public order and ensuring the smooth functioning of democratic institutions, particularly during parliamentary sessions or other significant public events, which often necessitates enhanced security measures and regulation of public assemblies.
• The concept of ‘public order’ is a state subject under the Seventh Schedule of the Constitution, granting states the power to legislate on matters related to maintaining law and order within their jurisdiction.
• The police’s role involves balancing the protection of fundamental rights with the enforcement of laws designed to prevent public disorder, ensuring safety, and securing critical infrastructure.

Key Features

Why it Matters

Governance and Public Order

• Demonstrates the state’s prerogative to regulate public assemblies, balancing the right to protest with the imperative of maintaining law and order, especially around critical government infrastructure.
• Highlights the operationalisation of new criminal justice statutes (BNSS, BNS) in managing public demonstrations, illustrating the transition from older legal frameworks.

Democratic Rights and Freedoms

• Raises questions regarding the scope and limitations of fundamental rights, particularly the right to freedom of speech and assembly, when juxtaposed with state-imposed restrictions.
• Emphasises the role of designated protest sites in democratic societies, providing a channel for dissent while ensuring minimal disruption to public life.

Accountability and Transparency

• Reflects public demand for accountability from government officials regarding alleged malpractices in public examinations, a critical issue affecting a large segment of the populace.
• Underscores the importance of transparent and fair examination processes for maintaining public trust in educational institutions and government administration.

Challenges

1. Balancing Rights and Order

• The inherent tension between the fundamental right to peaceful assembly (Article 19(1)(b)) and the state’s power to impose reasonable restrictions for public order (Article 19(3)) presents a perennial governance challenge.
• Ensuring that prohibitory orders are applied judiciously and not in a manner that stifles legitimate dissent is crucial for a healthy democracy.

UPSC Link: Fundamental Rights vs. State Power

2. Public Trust in Institutions

• Allegations of irregularities in examinations like NEET erode public trust in educational and governmental institutions, necessitating robust mechanisms for grievance redressal and accountability.
• Failure to address such concerns effectively can lead to widespread public discontent and social unrest.

UPSC Link: Governance, Transparency, Accountability

3. Implementation of New Laws

• The transition from CrPC to BNSS and IPC to BNS requires clear communication and consistent application by law enforcement to avoid confusion and ensure legal certainty.
• Judicial scrutiny of actions taken under these new provisions will be critical in establishing precedents and ensuring adherence to constitutional principles.

UPSC Link: Criminal Justice System Reforms

4. Managing Political Protests

• Political protests, especially those targeting specific ministers or policies, often involve large numbers of participants and can escalate quickly, requiring sophisticated crowd management strategies.
• The challenge lies in facilitating peaceful protest while preventing violence, damage to property, or disruption of essential services.

UPSC Link: Internal Security, Law and Order

Challenges — UPSC Perspective

Way Forward

• Establish clear and transparent guidelines for granting permission for public assemblies, ensuring consistency and fairness in application.
• Promote dialogue between protest organisers and authorities to identify mutually agreeable solutions that respect both the right to protest and public order concerns.
• Strengthen independent oversight mechanisms to review the application of prohibitory orders, ensuring they are not misused or arbitrarily enforced.
• Implement robust and impartial investigation procedures for allegations of examination irregularities, ensuring swift justice and accountability.
• Enhance public awareness campaigns regarding the provisions of new criminal justice laws to ensure citizens are informed of their rights and responsibilities.
• Invest in advanced crowd management techniques and non-lethal methods for law enforcement to ensure public safety during demonstrations.
• Foster a culture of responsiveness and transparency within government bodies to address public grievances proactively, potentially reducing the impetus for large-scale protests.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding fundamental rights in India:
1. The right to assemble peacefully and without arms is an absolute right under the Indian Constitution.
2. Prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can restrict public gatherings.
3. The designated protest site of Jantar Mantar requires prior permission for assemblies.
Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: 2 and 3 only — Statement 1 is incorrect: The right to assemble peacefully and without arms (Article 19(1)(b)) is subject to reasonable restrictions in the interests of public order, sovereignty and integrity of India, etc., as per Article 19(3). Statement 2 is correct: Section 163 of BNSS (erstwhile Section 144 CrPC) empowers authorities to issue prohibitory orders to prevent obstruction, annoyance, or danger to human life, health, or safety, or a disturbance of public tranquility. Statement 3 is correct: Even at designated protest sites like Jantar Mantar, prior permission is typically required to manage public order and logistics.

Q2. Which of the following legal provisions replaced Section 144 of the Code of Criminal Procedure (CrPC)?

1. Section 223 of the Bharatiya Nyaya Sanhita (BNS)
2. Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
3. Section 102 of the Bharatiya Sakshya Adhiniyam (BSA)
4. Section 188 of the Indian Penal Code (IPC)

Answer: Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) — Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is the provision that replaced Section 144 of the Code of Criminal Procedure (CrPC). This section grants executive magistrates the power to issue orders in urgent cases of apprehended danger or nuisance. Section 223 of BNS deals with punishment for disobedience to order duly promulgated by public servant, while BSA and IPC are distinct legal codes.

Mains Practice Question

✍ The Delhi Police’s action of denying permission for a protest march and imposing prohibitory orders raises critical questions regarding the balance between the fundamental right to protest and the state’s responsibility to maintain public order. In light of this, critically analyse the constitutional framework governing the right to peaceful assembly in India, discussing the nature of reasonable restrictions that can be imposed. Furthermore, evaluate the implications of new criminal laws, such as the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Nyaya Sanhita (BNS), on the exercise of these rights, particularly concerning public demonstrations and dissent.

Approach: Candidates should begin by outlining Article 19(1)(b) of the Indian Constitution, which guarantees the right to assemble peacefully and without arms. Subsequently, they should elaborate on the reasonable restrictions permissible under Article 19(3), focusing on grounds such as public order, sovereignty, and integrity of India. The analysis should then transition to the role of executive powers, specifically discussing the provisions of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and its impact on regulating public gatherings. Conclude by assessing how these legal frameworks, including potential penalties under the Bharatiya Nyaya Sanhita (BNS), influence the scope and exercise of the right to protest in a democratic society, ensuring a balanced perspective on both rights and responsibilities.

Source: Mint

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