·The Hindu·15 marks·250–350 words

Should designated protest zones be located away from commercial hubs? Critically discuss in light of recent Supreme Court observations on the 'protest economy'.

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In this answer
  1. Case for moving protest zones away from commercial hubs
  2. Case against: the 'protest economy' lens
  3. Way forward

Articles 19(1)(a) and 19(1)(b) protect peaceful protest, subject to reasonable restrictions. Delhi traders complained that protests near Connaught Place (CP) were "bleeding" them dry during the festive season. Hearing their plea, the Supreme Court remarked orally that protests also create a "protest economy" [1]. Moving protest zones away is justified only as limited regulation, not as banishment.

Case for moving protest zones away from commercial hubs

  • Livelihood (Art. 21): traders claim losses of "thousands of crores", and many support workers lost jobs during two peak festive months [1].
  • Precedent: in Amit Sahni (2020), the Court said dissent belongs at designated places. Public ways cannot be occupied indefinitely when this hurts others' rights [2].
  • One site bears the load: in October 2026, police removed Jantar Mantar as a protest site. Crowds then moved to Ramlila Grounds, about a mile from CP [1][3].
  • Accountability: the Court said it would step in if protests unlawfully hurt businesses [4].

Case against: the 'protest economy' lens

  • Protests also create business: hawkers earn well selling food and water to protesters, much like a "mela economy" [1].
  • Visibility is part of dissent: remote grounds such as Burari or CBD Ground [3] could leave protests unseen. That would empty Art. 19(1)(b) of meaning.
  • Regulate, don't ban: in Mazdoor Kisan Shakti Sangathan (2018), the Court struck down a blanket ban on protests at Jantar Mantar and Boat Club [5].
  • No universal rule: Amit Sahni itself held that there can be no "universal policy" on protest. Each case turns on its facts [2].
  • Limits of the remark: the hawkers who gain are not the CP shopkeepers who lose. Neither side has produced data.

Way forward

  • Time-place-manner limits: Delhi Police already capped Jantar Mantar at 1,000 people, allowed protests from 10 am to 5 pm and required prior permission [6]. Similar festive-season caps could apply at Ramlila.
  • Spread the load: send the largest rallies by rotation to all three notified sites [3].
  • Natural justice: the Court should hear protest organisers before passing any order, as Justice Bagchi asked [1].
  • Evidence: publish the Home Ministry committee's report and audit the claimed losses.

Protest zones need not be pushed out of commercial areas. Their closeness should be managed through proportionate limits on size, timing and rotation, backed by data. Both dissent and livelihood flow from Part III of the Constitution, and a balanced siting policy can protect both.

Sources

  1. 1"Demonstrations create 'protest economy', says top court in response to traders' plea", The Hindu, 4 Nov 2026protest economy and mela economy remarks; traders' claimed losses; Ramlila about a mile from CP; Justice Bagchi's question on making organisers parties
  2. 2Amit Sahni v. Commissioner of Police, Supreme Court of India (7 Oct 2020)protests at designated places; no indefinite occupation of public ways; no "universal policy"
  3. 3Jantar Mantar de-notified as designated protest site; Delhi Police names three alternatives, News On AIRRamlila, Burari and CBD Ground notified as protest sites
  4. 4SC to intervene if protests and security restrictions in New Delhi adversely affect businesses, News On AIR (16 Oct 2026)Court's readiness to act on business losses
  5. 5Mazdoor Kisan Shakti Sangathan v. Union of India, Supreme Court of India (23 Jul 2018)blanket ban on protests at Jantar Mantar and Boat Club struck down
  6. 6Delhi Police Standing Order No. 10 (demonstrations at Jantar Mantar)1,000-person cap, 10 am–5 pm window, prior permission

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