Withdraw restrictions on protests in Bangalore while celebrating International Democracy Day
By Horaatada Hakkigagi Janandolana
Stop the violation of the Constitutional right to protest in Bangalore before the International Day of Democracy in 2024!
Dear Sir,
We are a coalition of progressive, democratic groups and activists who have come together to demand that the right to protest in Bengaluru, be reinstated immediately.
This fundamental right to freedom of assembly has been violated by the Bangalore City Police from January 2022 till date, through the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021.
For over two years, the police have restricted protests in any place other than Freedom Park, and have refused permissions for processions. This marks a complete change from what was previously being followed when protests were permitted across the city. More so, even in Freedom Park, the Police is arbitrarily and unconstitutionally censoring what citizens can protest for/against.
International Day of Democracy (September 15):
In 2007, the United Nations General Assembly resolved to observe September 15 as the International Day of Democracy with the purpose of promoting and upholding the principles of democracy. Your government also conducted state-wide celebrations of International Day of Democracy in 2023, in which you led these celebrations by reading the Preamble of the Constitution from the steps of Vidhana Soudha. It is extremely disheartening that the steps of our Vidhana Soudha or even the steps of our town hall to read the preamble and bring into action the preambular values remains an illusion for people like us.
However, we are writing to remind your government that the fundamental right to freedom of assembly lies at the heart of a democracy, as the only right that empowers masses to usher change in a democratic manner. We would like to bring to your notice that you had said that you “support and welcome protests and movements” and are “committed to the protection of the freedom of expression”. You have also stated that this “government would not do anything to prevent or stop any activity that is carried out under the aegis of the core inspiration of the Constitution”. It is of utmost important to bring this into action today.
As you celebrate another International Democracy Day by way of one of the largest human chain across Karnataka, the celebration is empty without the right to protest being ensured and protected for us in Bangalore.
We would like to highlight some key issues arising out of this unconstitutional restriction of the right to freedom of assembly.
Abuse of Police Power and Shrinking Space for Democracy
In complete violation of our fundamental right to freedom of speech and expression, the Bangalore Police has been abusing its power in three main ways.
Firstly, they have exercised powers to decide the issues for which protests may be allowed in Freedom Park. For example, all intimations submitted by various diverse groups to protest in Freedom Park against the ongoing genocide of Palestinians were rejected.
Secondly, they have used force against peaceful protestors and even unlawfully detained them. In May 2024, when the workers who were employed as ward attenders in Victoria Hospital were suddenly refused employment without any notice, they protested outside the administrative offices to demand their reinstatement. However, police officials from VV Puram Police Station dragged them into vehicles and forcefully unlawfully detained them claiming that they can only conduct protests in Freedom Park. One of the workers’ clothes tore during the forceful manner in which they were detained.
Finally, this abuse of power by the police has effectively shrunk public spaces for dialogue, exchange of ideas, sharing of knowledge and curtailed public discourse. Education drives led by students to spread awareness about the genocide of Palestinians has been met with aggressive police action. Student-activists who were distributing copies of the Karnataka High Court order regarding the restriction of hijab, were detained and assaulted by the police, after which they were slapped with an FIR accusing them that they were shouting provocative slogans and tried to incite communal violence.
The ability to influence public discourse through peaceful demonstrations is how the people of Karnataka can breathe life into our fundamental right guaranteed by our Constitution. Such a restriction to Freedom affects not just all Bangaloreans, but also Karnataka’s residents from outside the city who come to Bangalore to raise their voices here in the capital of the State. They are pushed to a corner of the city where no one can see them. The restricting of protests to Freedom Park has been responsible for a deep shrinking of democracy.
Denial of right to protest impacting other fundamental rights such as right to food, right to dignity, right to livelihood etc.
Over the years we have seen a plethora of instances wherein it is the exercise of the fundamental right to protest that leads to the realisation of other fundamental rights of especially the marginalised and oppressed group such as right to shelter, right to livelihoods.
For instance, street vendors have repeatedly been evicted. In opposition of this, they protested outside the BBMP office to demand their right to livelihood. Similarly, garment workers protested outside their management offices to protest against sudden illegal closures and termination of their jobs. Slum residents who faced the threat of illegal demolitions or evictions raised their voice to demand for their right to life with dignity to be upheld.
Rallies to mark historic moments not just nationally but globally have also been restricted. For example: The May Day Rally which is internationally marked by for workers and trade unions was not allowed in 2022. The Pride March, an assertion of the LGBTQIA+, was not allowed to be held in 2022 for the same reason.
Without the right to protest – other fundamental rights of marginalised communities are impossible to be realised. Even the independence of India from the Britishers was an outcome of a long struggle for freedom.
Due to the actions of the Police, protests are not being permitted, and protestors are being met with the heavy-handed nature of the police. Workers who are thrown out of work, farmers who have lost their lands, street vendors who are evicted are not even able to protest against the injustice meted out to them.
Police Restricting protests to Freedom Park using interim directions of the Hon’ble High Court as an excuse
For the last two years, the Police has argued that this limitation to protest in only Freedom Park arises out of a Karnataka High Court Order. However, the order of the High Court dated March 3, 2022 would show that it merely recorded the statement of the Government that the Commissioner of Police of Bangalore had issued a new undemocratic order, titled the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 (hereinafter the “2021 Order”). There is no order of the High Court restricting protests only to Freedom Park. Police officials who detain protestors, including senior police officials such as Deputy Police Commissioners incorrectly claim that they are forced to restrict protests to Freedom Park because of a ‘High Court order’.
Criminalising protests
This has resulted in cases being filed against several marginalised communities for engaging in their constitutional right to protest – workers for the May Day rally, farmers protesting land acquisition in Devanahalli, Dalit activists seeking internal reservation, Powrakarmikas protesting for their rights, and citizens raising their voices against the ethnic cleansing in Manipur.
Urgent Action from the State Government
We have submitted several representations over the last year in regard to the unconstitutional nature of the order of the Police Commissioner and the actions of the police. The State Government needs to immediately rectify this ground reality and take accountability for their actions. Therefore, we demand that you take the following steps:
- On September 15 (International Day of Democracy), the Chief Minister of Karnataka must reaffirm the government’s commitment to upholding the principles of democracy by announcing the withdrawal of the licensing order restricting protests to Freedom Park.
- The Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 must be immediately withdrawn and the Licensing and Controlling of Assemblies and Public Processions (Bengaluru City) Order 2009 be used instead.
- FIRs registered against people who have only exercised their right to protest must be immediately withdrawn.
- Criminal inquiry be undertaken against police officers who brutally attacked protestors.
Signed by,
Mohan Raj, President, Republican Party of India
Dr. Vijayamma, renowned Kannada writer
K. Marulasiddappa, senior writer
Ramachandra Guha, author and historian
Veerasangaiah, Working President, Karnataka Rajya Raitha Sangha
.. and over 552 other concerned citizens, activists, students of Bengaluru