"The right to protest includes the right to be seen and heard." Examine this in light of recent restrictions on designated protest sites in Delhi.
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Articles 19(1)(a) and 19(1)(b) guarantee free speech and the right to assemble peaceably and without arms [5]. Protest is a form of communication, so it only works if it reaches the people it is aimed at. Delhi Police recently denotified Jantar Mantar as a protest site and named three sites on the city's outskirts instead [1]. That move tests whether the State is regulating dissent or emptying it of meaning.
Why being seen and heard is part of the right
- Petition's argument: a protest exists to communicate grievances to the authorities and the public. One held "far from the earshot of ordinary citizens loses much of its practical impact" [1].
- Judicial recognition: Mazdoor Kisan Shakti Sangathan (2018) called peaceful demonstration a fundamental right. It struck down the blanket ban on protests at Jantar Mantar and Boat Club [2].
- Global standard: UN General Comment No. 37 (2020) says protesters should, as far as possible, gather "within sight and sound" of their audience [3].
- Democratic function: being near Parliament, the Supreme Court and the Ministries gives dissent its feedback value [1]. Remote sites also cost workers and farmers more to reach.
The case for restrictions
- Art. 19(3) allows reasonable restrictions in the interest of public order [5].
- Amit Sahni (2020) held that public ways cannot be occupied indefinitely, so protests belong in designated areas [4].
- Residents and commuters face real costs from noise and traffic. The 2018 judgment itself allowed prior permission and police guidelines [2].
Assessment: does denotification go too far?
- All three alternative sites are on the outskirts [1]. Protest stays legal on paper but cannot reach its audience in practice. The petition calls this pushing dissent "out of sight and out of mind" [1].
- Under the proportionality test, noise, traffic and crowd problems could be handled by time, place and manner rules at the central site. A less restrictive option exists, so a full relocation is hard to justify.
- The 2018 Court heard the same complaints from residents and still chose regulation over removal [2].
Regulating protests is legitimate, but sending them out of sight comes close to denying the right. The way forward is to keep at least one regulated central site with fixed hours, crowd caps and noise limits. Permission refusals should come with written reasons and a quick route to appeal. This balances public order with the "sight and sound" principle [3] and keeps dissent working as the safety valve of democracy that Article 19 protects.
Sources
- 1The Hindu, "Denotifying Jantar Mantar pushes dissent 'out of sight, out of mind', says plea in SC" (15 Oct 2026)petition's arguments; three alternative sites on the outskirts, far from Parliament, the SC and the Ministries
- 2[Supreme Court of India, *Mazdoor Kisan Shakti Sangathan v. Union of India*, [2018] 11 SCR 586](https://digiscr.sci.gov.in/view_judgment?id=NDU3Mg%3D%3D) — peaceful protest a fundamental right; no blanket ban; prior permission and police guidelines; residents' interests weighed
- 3UN Human Rights Committee, General Comment No. 37 (2020) on the right of peaceful assembly (Art. 21 ICCPR)"within sight and sound" principle
- 4Supreme Court of India, *Amit Sahni v. Commissioner of Police* (2020)public ways cannot be occupied indefinitely; protests belong in designated areas
- 5Constitution of India, Articles 19(1)(a), 19(1)(b), 19(3), Legislative Departmentright to speech and peaceable assembly; restrictions on grounds such as public order