By Dr. Gyan Pathak
Once upon a time people in India exercised their “right to protest” in front of the ruling establishment in New Delhi free of cost, though they still needed government permissions for assembly of people for protest. However, under PM Narendra Modi, it has been abolished altogether with denotification of designated protest site Jantar Mantar on October 12, 2026, and with it eliminated free protest site near the seat of power. Government gave a paid option for protest in New Delhi, and two other paid options in Delhi, subject to conditions apply. Effectively, India’s national capital is being turned into no protest zone.
PM Modi led government has been doing this despite the fact that “Right to protest” in India is recognized as a fundamental right, though it is not explicitly mentioned as a standalone right in the text of the Constitution. It is derived from Article 19(1)(a) that guarantees the freedom of speech and expression, which includes the right to publicly voice dissent, opinions, and criticism of the government policies and omissions and commissions. Article 19(1)(b) guarantees the right to peaceful assembly and without arms, allowing people to hold peaceful public meetings, rallies, and demonstrations. Article 19(1)(c) guarantees the right to form associations or unions, enabling collective action and organized movements. Even Supreme Court of India has repeatedly affirmed that peaceful protesting is an integral part of democracy.
However, when the opposition INDIA bloc launched a nationwide “Save Democracy” protest campaign from October 2, 2026 demanding removal or resignation of Chief Election Commissioner (CEC) Gyanesh Kumar alleging that he committed vote theft for PM Narendra Modi to win elections, the government felt threatened and thousands of protesters were detained by police and many were dragged out of the roads leading to Jantar Mantar. This protest site has been guarded by presence of large number of police force and barricades since then.
Nevertheless, INDIA bloc leaders thereafter tried to reach several times to the place to protest but were dragged out or detained. Next phase of the protest at that site was called for by Cockroach Janata Party (CJP), a students and youth organization, in which other Left students wings like AISA, SFI, AISF, PSU, and AISB, other students and youth wings of political parties, and almost all opposition political parties including those who are not part of INDIA bloc, lawyers, civil society members, academician, and common people participated.
All roads leading to Jantar Mantar were blocked, hundreds of trains cancelled, metro trains and stations closed, internet shut down, and thousands of police force were deployed to crush the protests. Thousands were detained, before they could reach Jantar Mantar. Government said that no permission was sought or granted to protest at Jantar Mantar. On October 12, CJP formally requested to grant permission to protest at Jantar Mantar, but within hours the government denotified Jantar Mantar as designated protest site. That was the end of a free protest site in the National capital New Delhi.
Nevertheless, the “Save Democracy” movement has been emerging stronger with passage of every day, and so the opposition of the government to any protest. Right to peaceful protest is construed by the government as threat to “peace”, “law and order” and “public order” and is bent upon crushing them. Government and the ruling party BJP called the protests as “anarchy”. BJP has even launched a nationwide outreach campaign from October 22, with the slogan “Save Democracy, Remove anarchy”.
India’s Nation Capital has now no free protest site, even for peaceful one. Government has allowed Ramlila Maidan for protesters, but daily cost to book the place is about₹ 1.21 lakh, which means common people can’t afford to protest. Moreover, there are several other conditions the protesters will have to fulfil, which included a conditional permission from the Delhi police and administration. They will give no objection certificate only, but the place was to be allotted by Municipal Corporation. Additional logistics like tents, sound systems, and mandatory clearances from the Municipal Corporation of Delhi (MCD) horticulture department and directions from Delhi Police for certain security arrangements can push the total organizing expenses much higher.
When Jantar Mantar was denied as protest site, INDIA bloc organized “March for Democracy on October 12 from Barakhambha road to the Supreme Court of India. Some CJP leaders entered the denotified Jantar Mantar on October 13, and were arrested. CJP called for “Waving National Flag” on October 16 at nearby Central Park of Connaught Place. Government interpreted this too as threat and Delhi police urged the Delhi High court to stop CJP leaders from doing so, which the court denied.
Then government got an order from New Delhi Municipal corporation for closure of the place for the two days, and the police protected the Central Park with heavy presence of security forces and barricades. Nevertheless, some people were successful in waving the national flag. Police arrested several students and people since October 12, and enforcing them to sign bonds that they would not “breach peace” in the future. Several students had to sign them, and when they again “peacefully protested” they were charged for “violation of the peace bond”.
Jantar Mantar has been a free informally designated site for protest since 1993 following a ban on rallies at Boat Club and the surrounding lawns near India Gate, which used to be the protest site for it is located near the parliament and in the midst of seat of power of the Central government. Delhi police issued a formal standing order in 2003 and made it designated protest site in the National Capital New Delhi.
In absence of designated protest site, People Against SIR which included civil society, farmers, students, lawyers, academicians, important personalities, and others organized protest march from near Gol Dak Khana to Election Commission Headquarters, which was called Tiranga (national flag) march. It was blocked by police and many protesters were detained.
INDIA bloc had decided to organize “Public impeachment of CEC Gyanesh Kumar” on October 30, at Ashoka Hotel, which was initially given to them on payment. However, Delhi police later denied permission to organize it on the Ashoka hotel lawns. The government owned Ashoka Hotel wanted prior approval from the Delhi Police and traffic police. This protest impeachment is now be held in the house of Congress President and MP Mallikarjun Kharge.
INDIA bloc had earlier requested space at Talkatora Stadium under New Delhi Municipal Council, Mavlankar Hall at the Constitution Club, and Dr Ambedkar International Centre, but all were denied.
Even before Ashoka hotel plan, INDIA block had decided the impeachment programme to be held at a paid venue Ramlila Maidan, which they have booked from October 25 to November 3. Congress General Secretary of Organisation K C Venugopal said that police twice stopped party workers from erecting a dais at the venue.
INDIA bloc has a scheduled protest rally on November 1 at Ramlila Maidan in New Delhi. However, Delhi Police have put forward several conditions. Rally is allowed between 10 AM to 5 PM. No one is allowed to stay on the ground overnight and no march would be carried out to any place other than the Ramlila ground. Rally will not be allowed to be extended under any circumstances.
Organisers have been asked to install high definition cameras for CCTV surveillance at strategic locations with recording facilities, monitoring systems etc. Additionally, Organisers will have to provide adequate drinking water and toilet facilities. Police have asked the organisers to deploy an adequate number of volunteers to manage the crowd, who must wear identical dress and badges. All buses, cars, tempos and other vehicles must be parked at locations designated by traffic police.
The police have further directed the organisers to ensure that no speeches disturb public harmony or contain inflammatory or intimidating content. It was also directed that if any such speech is made, the public address system must be switched off immediately and the speaker removed from the stage. The police have also warned that there should be no breach of any of the conditions, or else it would lead to action against organisers and revocation of permission. (IPA Service)
