The National Human Rights Commission (NHRC) has taken suo motu cognisance of allegations of excessive force used by the Delhi Police against students during the July 20 protest at Jantar Mantar in New
Delhi.
According to a report by Bar & Bench, the Commission issued a notice to the Delhi Police Commissioner through an order dated July 25, directing the police to submit a detailed report within two weeks.
The NHRC initiated proceedings based on a news report, which alleged that a student-led protest at Jantar Mantar turned violent after the Delhi Police used tear gas, conducted a lathi charge, and dismantled protest tents, resulting in injuries to several demonstrators.
Taking note of the allegations, the Commission observed that if the claims are found to be true, they raise serious concerns regarding the protection of fundamental rights during public demonstrations.
"In view of the gravity of the issue, the Commission takes suo motu cognisance of the matter," the NHRC said in its order.
Background Of The Protest
The protests began in June after an online collective, the Cockroach Janta Party (CJP), called for demonstrations demanding the resignation of then Union Education Minister Dharmendra Pradhan over repeated question paper leak incidents.
The agitation culminated in a "Sansad Chalo" march towards Parliament on July 20. Although the Delhi Police had stated that permission for the march had not been granted, a large number of students gathered at Jantar Mantar, leading to clashes between protesters and police.
NHRC Raises Human Rights Concerns
The Commission stated that the alleged use of force, if found to be excessive or disproportionate, could constitute a violation of constitutional rights and of India's international human rights obligations.
It further reiterated that while maintaining public order is important, peaceful protests are protected under the Constitution and restrictions must remain reasonable.
"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," the order stated.
Information Sought From Delhi Police
The NHRC has directed the Delhi Police to submit a detailed report on the July 20 incident, including the factual circumstances surrounding the protest, the reasons for imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and details of the use of force such as lathi charge, tear gas, and pellets.
The Commission has also sought information on injuries sustained by protesters, whether medical assistance was provided to injured students, the standard operating procedures followed for crowd control, and whether any inquiry has been initiated to assess if the force used was justified and proportionate. Additionally, the NHRC has instructed the police to preserve and submit all relevant CCTV footage and video recordings related to the incident along with its report.
