Jantar Mantar De-Notified As A Protest Site: What Does It Mean & Does It Ban Protests In Delhi?

For decades, anyone with a grievance and a banner knew where to go in Delhi. Jantar Mantar, a short walk from Parliament, was the capital's designated protest ground. That has now changed. Delhi Police has de-notified Jantar Mantar as a designated venue for protests and demonstrations, naming Ramlila Ground, Burari Ground and CBD Ground as the new sites.

Jantar-Mantar-de-notified-as-protest-site
Photo Credit: Wikipedia

What The Order Says

The Standing Order is dated 11 October and was issued by Delhi Police Commissioner Anurag Kumar, following recommendations from a committee constituted by the Union Home Ministry. It partially modifies an earlier standing order dated 28 April 2022. A detailed, revised Standard Operating Procedure (SOP) for protests at the three venues will be issued separately.

Does It Ban Protests In Delhi?

Not on the face of it. One report notes that de-notifying Jantar Mantar does not, by itself, amount to a blanket ban on peaceful demonstrations across Delhi. The notice changes where protests are to be organised, and the rules for the new grounds are still awaited. Critics see it differently. A lawyer told the Delhi High Court that peaceful protests were being quelled and that free speech had been curtailed to a great extent.

The New Venues

Ramlila Ground, Burari Ground and CBD Ground are not new to the debate. In October 2017, the National Green Tribunal ordered protests shifted from Jantar Mantar to Ramlila Maidan. The Supreme Court set that order aside in July 2018. In 2011, police suggested the Burari grounds, far from the main city, for Anna Hazare's indefinite fast.

Location matters to protesters. One report says the shift could affect the visibility and accessibility of demonstrations, particularly for smaller groups seeking the attention of central authorities. Jantar Mantar has served as a prominent protest venue since 1993, when restrictions pushed protests away from the Boat Club area near India Gate.

The Right To Dissent: What The Law Says

Article 19(1)(a) protects free speech, and Article 19(1)(b) protects the right to assemble peacefully and without arms. These rights are not absolute and can be restricted for reasons such as public order.

The leading case is the Supreme Court's 2018 ruling in Mazdoor Kisan Shakti Sangathan v. Union of India. It affirmed the right to protest while allowing regulation of where and how protests are held. The Court recognised the right to demonstrate at Jantar Mantar and directed authorities to set up a balanced mechanism protecting both protesters and nearby residents.

What Is Happening Now

The order came amid a standoff between the Cockroach Janta Party and Delhi Police over permission to protest at Jantar Mantar, as opposition parties, civil society groups and student organisations plan demonstrations nearby. Security deployment around Jantar Mantar has continued.

The matter is also in court. The Delhi High Court agreed to hear a petition on the alleged closure on 13 October. The bench noted that the Supreme Court is also hearing the matter. The court has also given Delhi Police until 13 October to respond to an Indian Youth Congress plea for a protest at Jantar Mantar.

Political reactions have followed. Rahul Gandhi asked why the national capital was being treated like a jail. Congress MP Renuka Chowdhury condemned the police clampdown. The police position is that the move follows a Home Ministry committee's recommendations.

Bottomline

Jantar Mantar has lost its status as Delhi's designated protest ground, but the notice does not, on its own terms, outlaw protest. What the change means in practice depends on the SOP for the three new venues and on what the courts decide. Until then, the right to peaceful assembly remains protected by Article 19, within reasonable restrictions.