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Protests at Freedom Park: What’s the point?

A recent court order limits all the agitations in Bengaluru to one site. But it is a violation of the freedom of expression, cry citizen activists
Last Updated 10 March 2022, 18:19 IST

Last week, the Karnataka High Court directed the state government to restrict all protests and rallies happening in Bengaluru to Freedom Park in Seshadri Road. Protest affect the traffic movement during peak hours, the court said.

This has left activists and citizen groups in the city perplexed.

Tara Krishnaswamy, founder of ‘Political Shakti’ and co-founder of Citizens of Bengaluru, says such a move is a direct violation of citizen’s rights. She was an organiser of the ‘Steel Flyover Beda’ protest in 2017 that happened at Chalukya Circle.

“The interim order refers to the disturbance caused to people on the road. One can always argue that vehicles on the road are a disturbance too, especially when pedestrians are not able to use it or cross safely. Different people use a shared resource for different purposes, and we should respect that,” she says.

If traffic disturbance is the real issue, then privileges given to certain people should be stopped too, she adds about the free movement of political cavalcades.

“When marriage processions and political rallies pass by without any objections, singling out citizens and their rights are unfortunate,” Tara says. This when solutions exist: The local police redirects protest venues factoring in rush hour. Citizen activist Srinivas Alavilli points out that protests concerning neighbourhood issues will not be effective if done anywhere but at the site. “How can one protest about their footpath at the Freedom Park?” he asks.

Arun Javagal, organisation secretary of Karnataka Rakshana Vedike, would agree. “Such protests will neither attract the attention of the media nor the public, which will render it useless,” says Arun, citing that Vedike has held most of its protests in front of Town Hall and other known spots in the city.

“While I understand that such gatherings can cause traffic issues, an option to hold protests outside the Freedom Park should exist. The law and order police can regulate the protests by specifying the number of people who can gather and where they can gather,” he adds. Such curbs will hinder citizens’ rights at a time when people are being branded as “anti-national” for simply showing up at protests of any kind, he feels.

Order passed without proper consultation?

A few days ago, a government notification to regulate such public processions was issued, says a source close to the development. “Every aspect was clearly explained to them and now this order has been passed (without consultation of all concerned parties),” he points out.

The right to hold awareness campaigns, festival processions and such events are an integral part of a democracy, so why not protests, he questions the violation of the freedom of expression.

Why should someone protest at Freedom Park for an issue concerning Devanahalli or Anekal, he wonders about the rationality of such a move. “Freedom Park can hold around 2,000 people. What happens when two-three protests happen the same day?” he adds.

Penalty

You can be penalised if you don’t abide by the new diktat.

Advocate Guru Prasanna shares, “Since this is a High Court order, any violation of it would be seen as a contempt of court. Measures to control an unruly crowd can be taken by the police. One can be penalised under Section 141 (unlawful assembly), Section 425 (mischief) and Section 441 (trespassing) of the Indian Penal Code,” he says.

Under the Criminal Procedure Code (CrPC), action can be taken under Section 129 (dispersal of assembly by use of civil force) and Section 130 (dispersal by armed forces), issued by an executive magistrate, a police officer or other authorities, he adds.

The penalty varies according to sections under which one is booked – from six months of imprisonment and/or with a fine.

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(Published 10 March 2022, 17:58 IST)

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