·The Hindu·15 marks·250–350 words

"The right to protest is meaningful only if it is visible." Evaluate the relocation of designated protest venues away from centres of power in light of Article 19.

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In this answer
  1. Merits: a defensible "time, place and manner" rule
  2. Demerits: visibility is lost

Delhi Police recently dropped Jantar Mantar from its list of designated protest venues. Protests now go to Ramlila Maidan (~4 km away), CBD Ground (~13 km) and Burari (~15 km) [1]. Article 19(1)(a) and 19(1)(b) guarantee speech and peaceful assembly. Choosing a venue is a valid restriction, but only if the protest can still be seen and heard by its audience.

Merits: a defensible "time, place and manner" rule

  • Reasonable restrictions: Article 19(3) allows limits on assembly for public order. Fixing a venue is the mildest such limit because it does not stop anyone from speaking.
  • Balancing rights: In Mazdoor Kisan Shakti Sangathan v. Union of India (2018), the Supreme Court weighed the right to protest against residents' right to peaceful living [2].
  • Capacity and safety: Ramlila Maidan is close by and large enough for big rallies [1].
  • Due process: The order followed recommendations from a Union MHA committee and partly modifies Standing Order L&O/48/22 (2022) instead of creating a new regime [1].

Demerits: visibility is lost

  • Protest needs an audience: Activists say Jantar Mantar's closeness to Parliament is what lets protesters reach decision-makers [1]. A protest 15 km away still takes place, but the people it is aimed at do not see it.
  • The Court chose a gentler tool: MKSS rejected a complete ban and allowed regulated protest in a limited area of Jantar Mantar [2]. Removing the site altogether goes beyond that balance.
  • Proportionality untested: The committee's reasons are not public, and SOPs for the new grounds are still pending [1].
  • Timing: The order came during protests over the Chief Election Commissioner's role [1]. A restriction imposed during a live protest can look like it targets that protest and discourage dissent.
  • Global norm: UN General Comment No. 37 (2020) says assemblies should take place within "sight and sound" of their target audience. It also prefers notification (telling the police) over authorisation (asking their permission) [3].
  • Unequal burden: Small or poor groups find distant venues hardest to reach.

Verdict and way forward The relocation is constitutionally permissible in form but doubtful in proportionality. It meets the "place" test but fails the "visibility" test. The State should:

  • publish the committee report and the SOPs first;
  • keep a capped, time-bound central space for small sit-ins;
  • adopt a simple notification model.

On balance, Article 19 permits regulating where people protest, not hiding their dissent from those it addresses. Calibrated access near the seat of power, as MKSS envisaged, would serve public order without making the right meaningless.

Sources

  1. 1"Police denotify Jantar Mantar as designated protest venue", *The Hindu*, 13 Oct 2026venues and distances, MHA committee, Standing Order L&O/48/22, pending SOPs, CEC-protest context, activists' view
  2. 2[*Mazdoor Kisan Shakti Sangathan v. Union of India*, [2018] 11 SCR 586, Supreme Court of India](https://www.sci.gov.in) — protest as a fundamental right, no complete ban, balancing against residents' rights, limited-area regulation
  3. 3UN Human Rights Committee, General Comment No. 37 (2020), CCPR/C/GC/37"sight and sound" standard, notification vs authorisation

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