The Right to Dissent: Why Jantar Mantar is No Longer a Protest Site
The de-notification of Delhi’s iconic protest venue brings into sharp focus the constitutional balance between the fundamental right to assemble and the state’s power to impose restrictions in the name of ‘public order’.
What is the immediate issue?
On October 12, 2026, the Delhi Police issued a standing order de-notifying Jantar Mantar as a designated site for protests. The order named three alternative venues: Ramlila Maidan in central Delhi, Burari Ground in north Delhi, and CBD Ground in east Delhi. This decision was based on the recommendations of a Special Committee on Public Order Management constituted by the Ministry of Home Affairs (MHA). The move followed several days of protests organised by the Cockroach Janta Party (CJP) and other groups demanding the resignation of the Chief Election Commissioner, during which police imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and heavily barricaded central Delhi.
What is the government's rationale for regulating protests?
The official position, articulated through police statements and legal arguments, centres on balancing the fundamental right to protest with public order and traffic management. The Delhi Police, which functions under the MHA, argues that its role is to regulate, not prohibit, protests. According to a former Delhi Police Commissioner cited by The Indian Express, a permission system is constitutionally permissible because streets and public spaces have competing uses. The designation of specific sites like Ramlila Maidan, with a capacity of around 50,000, or the previously used Jantar Mantar, with a cap of 1,000, is presented as a necessary regulatory mechanism.
Authorities also cite security concerns, particularly due to Jantar Mantar's proximity to sensitive locations like Parliament, Rashtrapati Bhavan, and the Central Vista. The argument is that the right to protest does not extend to assembling at any location in any number, especially if it poses a security risk. Furthermore, police justify preventive actions by considering past conduct. Citing events from the July 2026 protests, police sources told The Indian Express that intelligence on mobilisation, including the use of trains to bring in protesters from other states, informs their assessment of potential disturbances to public order.
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