Why Delhi Police’s July 20 crackdown transgressed the Law on Use of Force

ON JULY 20, when thousands of youth marched towards the Indian parliament, the police cracked down with tear gas, pellet guns and nail-studded lathis, leaving more than a hundred injured, with a 22-year-old man losing his eyesight. While most evidence shows that it was a peaceful protest and later, the Rapid Action Force chief conceded to the excessive use of force, what exactly does the Indian law say on the rightful use of force to contain assembly?

The law of peaceful assembly and Jantar Mantar

Jantar Mantar's status as a dedicated protest site itself is a product of constitutional adjudication. In 2017, the National Green Tribunal (‘NGT’) banned peaceful assembly, protest or any gathering at Jantar Mantar, citing noise pollution. This takes us to the constitutional limitations on peaceful assembly, which include public order, sovereignty, security and integrity of the state, and friendly relations with foreign states, among others under Article 19(1)(b). The Supreme Court then, in Mazdoor Kisan Shakti Sangathan (2018), overturned NGT’s decision where the Union’s defence was that demonstrations leave a negative impact on foreign dignitaries to the country and tarnish bilateral relations. Justice A.K. Sikri had commendably declared that the right to protest "strengthens representative democracy by enabling direct participation in public affairs” and “exposes the flaws in governance and demands accountability" and also directed the Delhi Police Commissioner to frame guidelines. Demanding accountability was exactly what the ‘cockroaches’ were attempting to do, this summer.

The guidelines that followed limited the site to a thousand participants and interestingly prohibited the use of lathis and firearms by protestors but had no word about the use of force or weapons by the police. The guidelines also note that no marching from the designated spot is allowed unless specific written permission from the police is obtained. In the Shaheen Bagh case (2020), in the aftermath of the Delhi riots, the Court clarified that the right to protest does not extend to the indefinite occupation of public roads or to unrestricted disruption of public life. While the no-marching rule in the guidelines does have a legal effect on the July 20 Chalo Sansad, does it justify the excessive force used by the RAF?