Wednesday, October 14


Bengaluru has largely confined protests to Freedom Park for years. The practice stems from a suo motu case initiated in Karnataka high court in 2021 over the impact of demonstrations on traffic and the rights of non-participants.How did restriction begin?On March 3, 2022, a division bench of HC passed an interim order directing the state govt to ensure that protests, processions and similar activities were held only at Freedom Park, Gandhinagar, and nowhere else in Bengaluru. The court also directed that such activities be organised without adversely affecting traffic, particularly during rush hours, and that action be taken wherever traffic was disrupted.On Aug 1, 2022, HC disposed of the case. Paragraph 4 recorded a submission that protests, marches and dharnas would be permitted only at Freedom Park, and that the state was obliged to enforce the 2021 licensing order. Paragraph 5 directed the authorities to ensure compliance with that order “in letter and spirit” and to continue taking action against violators.What does police order say?The Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021, published in the state gazette in Jan 2022, currently governs protests in the city. It stipulates that protests, demonstrations, dharnas and protest marches cannot be held in the city without a licence under the order.Clause 4.1 identifies Freedom Park as the designated venue for protests in Bengaluru. However, it also empowers the police commissioner to designate another suitable location in the city, depending on the situation. The licensing authority may determine the number of participants permitted at Freedom Park based on the nature and duration of the programme and the venue’s capacity.Are protests outside Freedom Park illegal?Not necessarily in every circumstance. The 2021 order does not expressly prohibit protest marches or designate Freedom Park as the only possible venue. Instead, it identifies Freedom Park while retaining the police commissioner’s discretion to designate another suitable location.A legal backgrounder prepared by activists argues that the HC’s final order did not direct that protests be held exclusively at Freedom Park, but required compliance with the licensing order. According to this interpretation, the judgment neither bars rallies nor mandates Freedom Park as the sole venue.The distinction is important: the March 2022 interim order expressly restricted protests and processions to Freedom Park, while the Aug 2022 final order required enforcement of the 2021 licensing rules. Both orders must be read alongside the licensing order before arriving at a definitive legal conclusion.Why does this matter?Activists argue that restricting demonstrations to a single venue reduces their visibility and makes it harder for groups to draw public attention to local grievances. The backgrounder says the restrictions have affected workers, farmers, Dalit activists, sanitation workers and residents seeking to protest over issues in their own localities.The debate centres on balancing traffic management and public convenience with the constitutional right to assemble peacefully and express dissent. For now, Freedom Park remains Bengaluru’s designated dominant protest venue. Whether, and under what conditions, the police commissioner exercises the discretion to permit demonstrations elsewhere remains central to the controversy.



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