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Jantar Mantar denotified as protest site; right to assemble in focus
खबर में क्यों?
Section 144 CrPC is gone, but Section 163 BNSS now bars Jantar Mantar protests: Article 19(1)(b) explained
Jantar Mantar in New Delhi has been denotified as a protest site, and Delhi Police imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, the provision that replaces Section 144 of the Code of Criminal Procedure. The move has revived the debate on the fundamental right to assemble peaceably under Article 19(1)(b) and its reasonable restrictions.
Why it matters: general awareness
What you need to know
2 मिनट
Jantar Mantar in New Delhi has been denotified as a protest site, and Delhi Police imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, the provision that replaces Section 144 of the Code of Criminal Procedure.
The move has revived the debate on the fundamental right to assemble peaceably under Article 19(1)(b) and its reasonable restrictions.
स्रोत: Topper IAS editorial (PIB / The Hindu / Indian Express)
मुख्य तथ्य
Remember these
- Jantar Mantar in New Delhi has been denotified as a protest site.
- Delhi Police imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- Section 163 BNSS replaces Section 144 of the Code of Criminal Procedure, 1973.
- Article 19(1)(b) gives citizens the right to assemble peaceably and without arms.
- The right of assembly is subject to reasonable restrictions in the interests of public order and the sovereignty and integrity of India under Article 19(3).
प्रीलिम्स · मेन्स
How the exam will ask it
प्रीलिम्स
- Article 19(1)(b) guarantees to all citizens the right to assemble peaceably and without arms.
- The right to assemble is not absolute; Article 19(3) permits reasonable restrictions in the interests of public order and the sovereignty and integrity of India.
- Section 163 of the BNSS is the successor provision to Section 144 of the CrPC for prohibitory orders in urgent cases of nuisance or apprehended danger.
- Article 19 rights are available only to citizens and not to foreigners.
मेन्स
GS-II (Polity): Fundamental rights and the maintenance of public order. The denotification of Jantar Mantar and the use of Section 163 BNSS test the balance between the Article 19(1)(b) right to assemble and the reasonable restrictions under Article 19(3). Restrictions must be proportionate and reasoned, and the way forward lies in designated, accessible protest spaces with judicial review of prohibitory orders.
Quick recall
Answer before you reveal
Consider the following statements:
- Article 19(1)(b) guarantees citizens the right to assemble peaceably and without arms.
- Section 163 of the Bharatiya Nagarik Suraksha Sanhita corresponds to Section 144 of the Code of Criminal Procedure, 1973.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
उत्तर देखें
उत्तर: C — Both 1 and 2 is correct. Both 1 and 2 is correct. Both are correct: the right of assembly is a fundamental right subject to reasonable restrictions, and Section 163 BNSS is the successor of Section 144 CrPC for prohibitory orders.
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