Delhi Police De-Notifies Jantar Mantar as Protest Venue

Delhi Police has officially de-notified Jantar Mantar as a designated protest venue, effective from 9 October 2023. The new designated sites for demonstrations include Ramlila Ground, Burari Ground, and CBD Ground in Shahdara, according to a circular issued by the Delhi Police Commissioner.

This decision follows a recommendation from the Supreme Court on 9 October, which urged authorities to consider better-equipped alternatives for protests. The court’s remarks revive a constitutional debate from 2018 regarding how the State can regulate protests without effectively suppressing dissent. Jantar Mantar has served as a significant protest site since 1993, providing visibility for various groups, including farmers, trade unions, and civil society organizations.

Historically, Jantar Mantar became a focal point for protests after other venues, such as the Boat Club lawns near India Gate, encountered restrictions following major demonstrations, including the farmers’ agitation in the 1980s. Its proximity to Parliament and government offices allowed demonstrators to make their grievances visible to the political establishment.

However, the site has faced ongoing challenges. In October 2017, the National Green Tribunal (NGT) ruled against continuous protests at Jantar Mantar, citing noise and air pollution, as well as disruption to residents’ daily lives. The tribunal ordered the removal of temporary structures and prohibited loudspeakers. This ruling was contested in the Supreme Court, which, on 23 July 2018, upheld the right to peaceful assembly while permitting reasonable restrictions to protect public order and the rights of others.

The Supreme Court’s 2018 ruling emphasized that authorities could impose conditions but could not enforce an outright ban on peaceful protests. It also directed the Delhi Police to create guidelines for demonstrations at Jantar Mantar and the Boat Club area, balancing the right to protest with the rights of residents.

The recent de-notification of Jantar Mantar aligns with the Supreme Court’s observations that Delhi should identify a larger protest venue equipped with basic facilities, including toilets and medical assistance. This directive came in response to the Delhi Police’s denial of permission for a planned protest on 10 October, which sought the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in electoral-roll revisions.

The circular from the Delhi Police does not clarify how applications for protests at the new designated venues will be assessed. The changes highlight the ongoing tension between the need for public dissent and the rights of local residents.