Police Crackdown on Peaceful Protests Raises Constitutional and Governance Concerns

Indian Express - Opinion · 24 Jul 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Recent violent police action against student protesters at Jantar Mantar, including lathi charges and detentions, highlights systemic failures in upholding constitutional rights to peaceful assembly and parliamentary accountability.

Key points

Article 19(1)(b) of the Indian Constitution guarantees the right to peaceful assembly, making the police crackdown on non-violent student protesters at Jantar Mantar a potential constitutional violation.

The protest led by Sonam Wangchuk followed Gandhian methods of hunger strike, yet faced forced hospitalization under questionable medical grounds, raising concerns about state coercion tactics.

Jantar Mantar, as a designated protest site in Delhi's constitutional geography, holds historical significance for democratic dissent, making its militarized policing symbolically damaging.

[GS2-Governance] The government's refusal to allow parliamentary discussion on police excesses contradicts the legislature's role in holding the executive accountable, as per Articles 75 and 118 of the Constitution.

The detention of Rahul Gandhi and manhandling of Opposition leaders establishes a worrying precedent for political dissent in India's democratic framework.

[GS3-Security] Internet shutdowns and metro closures during protests reflect disproportionate restrictions that lack proportionality tests mandated by the Supreme Court in Anuradha Bhasin v Union of India (2020).

The crackdown mirrors patterns seen during 2020-21 farmer protests, indicating systemic erosion of protest rights despite India's rich history of satyagraha.

This connects to GS4-Ethics by testing civil servants' duty to uphold constitutional morality versus obeying potentially unlawful orders during protest management.

Way Forward: India needs statutory guidelines for protest policing aligned with international human rights standards, mandatory parliamentary debates on police excesses, and institutionalized channels for youth grievance redressal through youth commissions at state and national levels.

Key terms

Lathi Charge

Colonial-era crowd control tactic using bamboo sticks, governed by Police Manuals and subject to proportionality tests. Excessive use violates Supreme Court guidelines in DK Basu v West Bengal (1997) regarding humane treatment during arrests.

Parliamentary Accountability

Constitutional principle under Articles 75 and 118 making the executive answerable to legislature. Failure to discuss protest crackdowns undermines this accountability mechanism, eroding checks and balances essential for democracy.

Article 19(1)(b)

Constitutional provision guaranteeing Indian citizens the right to assemble peaceably without arms. Subject to reasonable restrictions under Article 19(3) for sovereignty, public order, and morality. Judicial interpretations in cases like Ramlila Maidan Incident (2012) have defined parameters for lawful protest.

Jantar Mantar

Historic protest site in New Delhi's constitutional geography, serving as the primary space for democratic dissent near Parliament. Its policing reflects the state's attitude toward civil liberties, making it a barometer of India's democratic health.