On the backdrop of police detentions following anti-SIR protests in Bengaluru, the restrictions on public protests in Karnataka’s capital city have once again come under scrutiny, with civil society organisations, trade unions, student groups and rights activists warning the Congress-led state government of a city-wide civil disobedience movement if it fails to withdraw the 2021 police order restricting demonstrations to Freedom Park.
At a roundtable organised by the Campaign for the Right to Protest (Horatada Hakkigagi Janandolana) on Monday, October 26, around 100 participants from trade unions, Dalit organisations, women's groups, environmental movements, civil liberties organisations, student bodies and LGBTQ+ groups came together to demand the immediate withdrawal of the restrictions.
The meeting held at Gandhi Bhavan, which featured around 30 speakers, resolved to give the state government until November 26, observed as Constitution Day, to revoke the Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021, which is a police regulation which limited protests in Bengaluru only to Freedom Park. If the government fails to act, the campaign said it would launch a mass civil disobedience movement across Bengaluru on November 28.
At the centre of the discussion was a question that activists have repeatedly raised over the past few years: Why should citizens in Bengaluru be permitted to protest only at Freedom Park, even when their grievances concern authorities and institutions located elsewhere in the city?
The participants argued that restricting demonstrations to a designated location has weakened the ability of workers, marginalised communities and ordinary citizens to bring their grievances directly to those responsible for addressing them.
Historian and writer Ramachandra Guha was among those who questioned the Congress government's position on the right to protest, accusing it of hypocrisy for maintaining restrictions introduced under the previous BJP administration.
“In any city of a democratic country, protests take place at a place visible to the general public,” Guha said, according to the organisers' account of the meeting.
He called for the restoration of public protest spaces that were widely used before the COVID-19 pandemic, including Maurya Circle, Town Hall and Mysore Bank Circle, as well as demonstrations outside the offices of authorities to whom protesters wished to address their demands.
“The hypocrisy of the Congress Govt., needs to be called out,” he said.
Guha's criticism reflected a recurring argument at the roundtable: that a political party which defends the right to demonstrate when in Opposition must apply the same principle when it holds power.
Advocate and activist Vinay Sreenivasa, who introduced the discussion, said the recent political developments had created an opportunity to press the Karnataka government to act.
Referring to Chief Minister DK Shivakumar's statements on protecting peaceful demonstrations, Sreenivasa argued that the government's position needed to be reflected in its policing regulations. “This is the time for them to withdraw this Order,” he said.
One of the central issues discussed at the meeting was the Bengaluru police's reliance on Karnataka High Court directions to justify restrictions on protests outside Freedom Park.
Maitreyi Krishnan, a lawyer and leader of the All India Central Council of Trade Unions (AICCTU), who is also president of the All India Lawyers Association for Justice (AILAJ), challenged the interpretation that the High Court had permanently prohibited protests elsewhere in Bengaluru.
In a presentation on the legal basis of the restrictions, Maitreyi argued that the limitations arise from the 2021 licensing order framed under the Karnataka Police Act, rather than an independent, permanent prohibition imposed by the High Court.
“The Government not only has the power but also a constitutional obligation to withdraw this Order which is in violation of the Constitution,” she said.
The legal history of the restrictions, however, is more nuanced.
The Karnataka High Court had taken up a suo motu public interest litigation in 2021 following concerns about severe traffic congestion caused by protests and processions in the city. In March 2022, the court issued an interim direction restricting demonstrations and processions to Freedom Park, citing the need to prevent disruption to traffic and inconvenience to the public.
On August 1, 2022, while disposing of the case, the High Court recorded that the state government had framed the 2021 licensing order and directed authorities to ensure compliance with its provisions and continue taking action against violations.
The licensing order identifies Freedom Park as the designated protest venue but also allows the Bengaluru Police Commissioner to designate another suitable location depending on the circumstances.
The campaign's argument is that the final High Court judgment does not prevent the government from revisiting the licensing framework. The activists maintain that the state cannot continue to invoke the court's directions as a justification for refusing to reconsider the restrictions.
The distinction has become particularly significant amid renewed demands to allow demonstrations outside government offices, police stations and other public institutions.
Beyond the legal arguments, much of Monday's discussion focused on how the restrictions affect people who rely on public demonstrations to draw attention to their grievances.
KV Bhat, convenor of the Joint Confederation of Trade Unions, spoke about the difficulties faced by workers' organisations in holding May Day rallies, traditionally an important occasion for labour mobilisation.
“May Day Rallies are of significance worldwide. But since this Order, not only have FIRs been filed for doing the May Day Rally, but they have also made it very difficult for us to obtain permission,” he said.
The restrictions on May Day processions have also been the subject of judicial proceedings. In April 2022, the Karnataka High Court declined permission sought by trade unions to conduct processions from the City Railway Station and Town Hall to Freedom Park, citing concerns about traffic disruption.
For others at the roundtable, the issue was not merely the visibility of demonstrations but their immediate practical impact.
Sujatha, representing Sadhana Mahila Sangha, explained how protests outside police stations have helped sex workers respond to alleged police harassment and unlawful detention.
“Usually, when our sex workers are unlawfully detained in a police station, beaten or threatened by police, our protest outside the police station helps mount pressure to ensure their release. That is why we too demand that this restriction must be revoked,” she said.
Her intervention illustrated a broader concern raised at the meeting: a protest held far away from the institution responsible for a grievance may not serve the same purpose as a demonstration at the site where the alleged injustice has occurred.
Mamatha Yajaman of Naveddu Nilladhadhare made a similar argument, linking the right to protest with struggles over housing, wages, water and women's safety.
“Whether it is women who fight for safety, or the poor who fight for basic rights such as housing, wages or water, the right to protest is what allows a person to access any other right in a democracy,” she said.
S Babu, a street vendor associated with the Karnataka Pragathipara Beedi Vyaparigala Sangha, argued that workers who are already denied basic protections face additional difficulties when they cannot demonstrate at places connected to their grievances.
“In fact, wherever they deny permission for us to protest, we must protest right then and there!” he said.
The discussion also addressed recent instances of police intervention against demonstrators in Bengaluru.
Educationist and writer Nirajan Aradhya questioned what he described as inconsistent policing of public demonstrations. He alleged that young people carrying the national flag had faced harassment and intimidation while moving from Town Hall towards Freedom Park, even as the Rashtriya Swayamsevak Sangh (RSS) was allowed to conduct marches through the city carrying lathis.
“The Congress which speaks of protecting and saving the Constitution, must withdraw this unconstitutional order in the State,” he said.
The allegations about differential police treatment were made by Aradhya at the meeting and have not been independently established from the material available.
Saniya, representing the All India Students' Association (AISA), said that the recent demonstrations outside Freedom Park had encouraged more people to assert their right to public protest. However, she argued that protesters should not have to fear police harassment, detention or criminal cases for participating in peaceful demonstrations.
The meeting comes amid a wider debate over police restrictions on protests in Bengaluru, particularly following recent demonstrations against the Special Intensive Revision (SIR) of electoral rolls and demands concerning Chief Election Commissioner Gyanesh Kumar.
Earlier this month, the police action against protesters demanding the withdrawal of the SIR exercise prompted criticism from activists and renewed calls for the Karnataka government to reconsider its approach to peaceful dissent.
The campaign has maintained that the Congress government must address what it sees as a contradiction between its public support for democratic protests and the continued enforcement of restrictions on demonstrations in Bengaluru.
By the end of the roundtable, participants had agreed on a series of resolutions intended to escalate their campaign if the state government failed to act.
The campaign demanded the immediate withdrawal of the 2021 licensing order and called for criminal cases registered against individuals for protesting outside Freedom Park to be quashed.
It also resolved to submit memorandums to the Karnataka Home Minister and the Bengaluru Police Commissioner, seeking a response to its demands.
The most significant resolution was the decision to set November 26, Constitution Day, as the deadline for the government to revoke the restrictions.
If the order remains in force beyond that date, the campaign said it would launch a city-wide mass civil disobedience movement on November 28 to reclaim public spaces for peaceful protest.
The organisers also announced plans to convene another meeting to constitute a central committee that would coordinate the campaign's future activities. Details of that meeting are expected to be announced later.
The roundtable brought together representatives of several political and social organisations, including members associated with the Karnataka Rashtra Samiti, CPI(M) and CPI(ML).