The Karnataka state government passed the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) order 2021 in January 2022 which prohibits protest anywhere else in the city.[1]
The 2021 order defined protest as “means the actions of congregation of one or more persons at one place, in a peaceful and lawful manner with the intention of showing dissent or expressing opposition or objection to issue(s) including political, social, religious, cultural, farmers, workers or any other issues, but does not include ‘assemblies’.”
The order defined ‘Protest March’ as “means a congregation of one or more persons passing in a group on any public road in Bengaluru city with a common object of conducting a protest organized by political parties, religious groups, social organizations or by any other group; but does not include ‘processions’.”
In the case of suo motu vs state of Karnataka (writ petition no: 5781 of 2021), a division bench its interim order and directed that processions, protests, and other events should not be conducted/held by any group, political or non-political organizations, or any other organizations, except at a Freedom Park. [2] The managing committee of Sri Dharmaraya Swamy temple had approached the court for permission to hold the Karaga festival, which is one of the oldest festivals that celebrates hindu and muslim unity and has a 300-year history in the state of Karnataka. The high court permitted the Karaga festival in Bengaluru city by modifying the interim order of suo motu vs state of Karnataka.[3]
In August 2022, the Karnataka High Court has directed State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021 issued under the Karnataka Police Act, permitting procession, dharna and protest only at Freedom Park in Bengaluru.[4] The court also ordered the state government to make sure that traffic in the Bengaluru is not negatively impacted, particularly during rush hour.[5]
The Bengaluru police have rejected three petitions seeking permission to protest at Freedom Park in solidary with Palestine, the permission was denied in the interest of maintaining law and order. The police have also detained and registered FIRs against protestors for expressing solidarity with Palestine, in Bengaluru.[6]
On August 15, 2022 the police arrested 72 farmers who were protesting against take over of their land for setting up plants in Devanahalli, they were arrested protesting at a Devanahalli town rather than Freedom Park. At the time of arrest, they had been on indefinite strike for more than 120 days against the acquisition of 1,777 acers of fertile land by the Karnataka Industrial Area Development Board.[7] A coalition of civil societies came together demanding protest to be allowed outside freedom park were detained by police. The same coalition later met the police commissioner and chief minister and demanded to withdrawn the 2021 order.[8] Through the order the Bangalore police denied permission for various protests and registered cases against protestors for the traditional May Day rally, Powarakarmikas protesting for their rights, residents of Malleswaram for organising a walk on the Sankey flyover issue and also LGBTQ+ people who wanted to organise their traditional pride march.[9]
The Right to protest campaign has sent public letters to the chief minister and home minister of Karnataka demanding the withdrawal of the licensing and regulation of protests, demonstrations and protest march order, 2021. The chief minister made a statement that “The Karnataka government is considering removing restriction on staging of protests by the public at the Town Hall in Bengaluru”,[10]
On May 10, 2024 members of Karnataka general labour union (AICCTU) organised a sit in protest within the hospital premises. The protest was started on May 8, 2024 against arbitrary removal of 56 ward attenders from the work by Victoria hospital. The ward members and the members of AIICTU demanded reinstatement of the ward attenders and payment of their pending salaries. The police threated the protestors on May 9, 2024 and on May 10, 2024 50 protestors were taken into preventive detention by the V.V Puram police for protesting in hospital premises rather than freedom park and were later released at around 05.30 pm. The deputy commission of police Bangalore south said “in view of the high court’s directions, the protestors were taken into preventive detention”.[11]
Ashish Reddy is an Advocate and legal researcher who is currently serving as a Regional Coordinator of Human Rights Defenders Alert (HRDA) and a member of the All India Network of Individuals and NGOs working with State and National Human Rights Institutions (AiNNI).
[1] “Public Protest In Bengaluru Is Now Confined—If The Police Allow—To A Small Park, Invisible To The Public.” Accessed May 14, 2024. https://article-14.com/post/public-protest-in-bengaluru-is-now-confined-if-the-police-allow-to-a-small-park-invisible-to-the-public-631012f91f281.
[2] Network, L. I. “Karnataka HC Directs State to Ensure Compliance of Order Restricting Protests, Processions to Bengaluru’s Freedom Park.” LAW INSIDER INDIA- INSIGHT OF LAW (SUPREME COURT, HIGH COURT AND JUDICIARY (blog), August 3, 2022. https://www.lawinsider.in/news/karnataka-hc-directs-state-to-ensure-compliance-of-order-restricting-protests-processions-to-bengalurus-freedom-park.
[3] Legal, Prime. “Permission For Bengaluru Karaga Festival and Procession Granted: In Karnataka High Court.” Prime Legal (blog), May 24, 2022. https://primelegal.in2022/05/24/permission-for-bengaluru-karaga-festival-and-procession-granted-in-karnataka-high-court/.
[4] “-Manupatra.” Accessed May 14, 2024. https://updates.manupatra.com/roundup/contentsummary.aspx?iid=39790.
[5] Network, L. I. “Karnataka HC Directs State to Ensure Compliance of Order Restricting Protests, Processions to Bengaluru’s Freedom Park.” LAW INSIDER INDIA- INSIGHT OF LAW (SUPREME COURT, HIGH COURT AND JUDICIARY (blog), August 3, 2022. https://www.lawinsider.in/news/karnataka-hc-directs-state-to-ensure-compliance-of-order-restricting-protests-processions-to-bengalurus-freedom-park.
[6] The Wire. “Bengaluru Police Stifle Pro-Palestine Protests With Denial of Permission, FIRs.” Accessed May 14, 2024. https://thewire.in/rights/bengaluru-police-stifle-pro-palestine-protests-with-denial-of-permission-firs.
[7] “Farmers Protest Land Acquisition for Haraluru Industrial Area in Karnataka | Bengaluru Rural,Karnataka.” Accessed May 14, 2024. https://www.landconflictwatch.org/conflicts/farmers-protest-land-acquisition-for-haraluru-industrial-area-in-karnataka.
[8] Oct 3, Bangalore Mirror Bureau / Updated:, 2023, and 06:00 Ist. “Protest for Right to Protest Clamped Down.” Bangalore Mirror. Accessed May 14, 2024. https://bangaloremirror.indiatimes.com/bangalore/others/protest-for-right-to-protest-clamped-down/articleshow/104113496.cms.
[9] Jun 29, Bangalore Mirror Bureau / Updated:, 2023, and 06:00 Ist. “Freedom Can’t Be Restricted to Freedom Park.” Bangalore Mirror. Accessed May 14, 2024. https://bangaloremirror.indiatimes.com/bangalore/others/freedom-cant-be-restricted-to-freedom-park/articleshow/101347571.cms.
[10] The Indian Express. “Will Reconsider Ban on Public Protests at Bengaluru Town Hall: Karnataka CM Siddaramaiah,” November 16, 2023. https://indianexpress.com/article/cities/bangalore/ban-on-public-protests-bengaluru-town-hall-karnataka-cm-siddaramaiah-9028890/.
[11] DHNS. “Victoria Hospital Protesters Detained; Labour Dept to Conduct Inquiry.” Deccan Herald. Accessed May 14, 2024. https://www.deccanherald.com/india/karnataka/bengaluru/victoria-hospital-protesters-detainedlabour-dept-to-conduct-inquiry-3017891.
