The National Human Rights Commission (NHRC) has taken suo motu cognisance of allegations of excessive use of force by the Delhi Police against student protesters during the July 20 protest at Delhi's Jantar Mantar.
By way of an order passed on July 25, the NHRC issued notice to the Commissioner of Police of Delhi and sought his response.The NHRC took cognisance of the matter based on a news report published by a newspaper on July 20. The report alleged that the student-led protest at Jantar Mantar escalated into violent clashes after the Delhi Police used tear gas, lathi charge and dismantled protest tents, leaving several protesters injured.
The Commission observed that the allegations, if established, raised concerns over the protection of fundamental rights during public demonstrations."In view of the gravity of the issue, the Commission takes suo-motu cognizance of the matter," said the NHRC.
The protests at Jantar Mantar began in June following a call by the online collective Cockroach Janta Party (CJP), which demanded the resignation of then Union Education Minister Dharmendra Pradhan over repeated question paper leaks.
The protests culminated in a "Sansad Chalo" march to Parliament on July 20, despite the Delhi Police stating that no permission had been granted for the march. As large numbers of protesters gathered that day, clashes broke out, with allegations that the police resorted to lathi charges, tear gas and other forceful measures against student demonstrators.
The Commission underscored the seriousness of the allegations."The contents of the news report, if true, raise serious issues of violation of human rights. The use of force in any manner on protesting students, who were raising an issue of public concern, if found excessive and disproportionate, will be contrary to the rights guaranteed by the Constitution as well as in contravention of India's obligations under international human rights laws," the order said.
The human rights body underscored the balance that must be maintained between preserving public order and safeguarding fundamental rights since peaceful protests enjoy constitutional protection."The Commission firmly believes that the right to peaceful protest is a fundamental right and can only be subjected to reasonable restrictions in the interest of public order, and that the State's response to any protest must be strictly proportionate and not excessive," observed the Commission.
Hence, it directed the Delhi Police to submit a detailed report with the factual details of the July 20 incident.The justification for imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (prohibitory orders)details of the extent to which lathi charge, tear gas and pellets were used against the protesters,details of the injuries sustained by the protesters besides other related information.
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