Denotification of Jantar Mantar as a Designated Protest Site

Source: The Hindu 

Introduction 

The Delhi Police de-notified Jantar Mantar as a designated protest site, following recommendations of a committee of the Ministry of Home Affairs (MHA). The committee identified Ramlila Ground, Burari Ground and CBD Ground (East Delhi) as alternative venues for protests and demonstrations. 

What is the Background of Protests at Jantar Mantar? 

Shift from the Boat Club (1993): 

• Until the early 1990s, the Boat Club lawns at India Gate were the centre of major public rallies, such as the 1988 farmers' protest. 
• In 1993, citing VVIP security and traffic disruption, the government banned rallies at the Boat Club and designated Jantar Mantar as the new protest space. 

Jantar Mantar as the "Speaker's Corner": 

• For nearly three decades, Jantar Mantar and Jantar Mantar Road served as a prominent venue for public demonstrations, comparable to London's Hyde Park. 
• Its proximity to Parliament and central ministries made it the venue for major movements, including:  
  • India Against Corruption movement (Jan Lokpal Bill), 2011 
  • Justice for Nirbhaya protests, 2012 
  • Anti-CAA and Article 370 protests, 2019 
  • Wrestlers' protest, 2023 
  • NEET-UG protests, 2026 

The NGT Ban (2017): 

• The National Green Tribunal (NGT) imposed a complete ban on protests at Jantar Mantar. 
• It held that noise pollution and lack of sanitation violated local residents' right to a healthy environment under Article 21. 

The Supreme Court Reversal (2018): 

• In Mazdoor Kisan Shakti Sangathan v. Union of India (2018), the Supreme Court struck down the NGT's blanket ban. 
• The Court held that prohibiting protests entirely in Central Delhi violates the right to peaceful assembly under Article 19(1)(b). 
• It directed the police to frame balanced regulations instead of an outright ban. 

How are Protest Sites Regulated in Delhi? 

Constitutional Guarantee: 

• Article 19 guarantees the freedom of speech and expression and the right to assemble peaceably and without arms. 

Reasonable Restrictions: 

• These rights are not absolute and are subject to reasonable restrictions under Articles 19(2) and 19(3), primarily in the interest of public order. 

Jurisdiction in Delhi: 

• Unlike other States, where the State government controls the police, Delhi has a unique constitutional status. 
• Under Article 239AA(3)(a), the Delhi Legislative Assembly cannot make laws on Entries 1, 2 and 18 of the State List, which cover public order, police and land. 

Role of the MHA: 

• Consequently, the Delhi Police functions under the Union Ministry of Home Affairs. 
• The Delhi Police evaluates applications, grants permissions and regulates compliance for demonstrations at designated sites. 

What are the Key Supreme Court Judgments on Protest Sites? 

• Himat Lal K. Shah v. Commissioner of Police (1972): The Court recognised the right to hold public meetings under Articles 19(1)(a) and 19(1)(b). The State may regulate gatherings but cannot arbitrarily prohibit them everywhere. 
• In Re: Ramlila Maidan Incident (2012): The Court protected peaceful assembly against arbitrary police action and held that restrictions must be justified by the circumstances and the applicable law. 
• Mazdoor Kisan Shakti Sangathan v. Union of India (2018): The Court stressed balancing protesters' rights with residents' rights, favouring regulated protest spaces over a blanket ban at Jantar Mantar. 
• Amit Sahni v. Commissioner of Police (2020): The Court held that public roads cannot be occupied indefinitely for protests, as this affects the rights of other citizens and disrupts public movement. 

What are the Key Facts About Jantar Mantar? 

• Historical Origins: Built in 1724 by Maharaja Sawai Jai Singh II of Jaipur. It was the first of five such observatories, the others being in Jaipur, Ujjain, Varanasi and Mathura. 
• Meaning of the Name: Derived from the Sanskrit words Yantra (instrument) and Mantra (calculation or formula). 
• Structure: A naked-eye observatory with 13 architectural astronomical instruments, including:  
  • Samrat Yantra: A roughly 70-foot-high triangular equal-hour sundial that measures the time of day. 
  • Misra Yantra: Determines the shortest and longest days of the year (solstices). It is believed to have been added later by Jai Singh II's son, Madho Singh. 
  • Jaya Prakash and Ram Yantras: Hollowed and cylindrical structures used to map celestial coordinates and track the altitude and azimuth of stars. 
• Heritage Status:  
  • The Delhi observatory is protected by the Archaeological Survey of India (ASI) as a Monument of National Importance. 
  • The Jaipur Jantar Mantar was inscribed on the UNESCO World Heritage List in 2010. It houses the world's largest stone sundial (the Samrat Yantra). 

How Have Protest Methods Evolved in India? 

• Colonial Era (Pre-1947): Gandhian Satyagraha and Ahimsa through civil disobedience, Swadeshi boycotts, peaceful law-breaking (Salt March) and non-cooperation. 
• Post-Independence (1950s–1980s): Trade union strikes and agrarian mobilisation through gherao and rasta roko, with large rallies at the Boat Club and the 1974 JP Movement (Sampoorna Kranti). 
• 1990s–2010s: Issue-based activism through PILs, Jan Sunwais (which led to the RTI Act, 2005), candlelight marches and televised fasts, centred on Jantar Mantar. 
• Contemporary Era (2010s–Present): Decentralised, often leaderless movements using indefinite sit-ins on roads (Shaheen Bagh, 2019–20), border encampments (Farmers' Protest, 2020–21) and digital mobilisation through hashtags and toolkits.

What is Article 19(1)(b) of the Constitution? 

About: 

• Article 19(1)(b) of the Constitution of India guarantees all citizens the right to assemble peaceably and without arms. 
• The right to protest is derived from Articles 19(1)(a) and 19(1)(b). 

Provisions: 

• Article 19(1)(b): All citizens shall have the right to assemble peaceably and without arms. 
• Article 19(3): The State may impose reasonable restrictions on this right in the interests of:  
  • the sovereignty and integrity of India, or 
  • public order. 
• Article 19(2) (comparison): Restrictions on freedom of speech and expression under Article 19(1)(a) may be imposed in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Conclusion 

Dissent is essential to a functioning democracy. The State must protect traffic movement and residents' rights while still enabling peaceful protest through fair regulation and designated spaces, in line with the constitutional guarantee under Article 19.