The National Human Rights Commission (NHRC) has taken suo motu cognisance of allegations of excessive force used by the Delhi Police against student protesters during the July 20 demonstration at Jantar Mantar and issued a notice to the Delhi Police Commissioner seeking a detailed response.
In an order passed on July 25, the Commission acted on the basis of a news report published by The Hindu, which alleged that the student-led protest turned violent after police used tear gas, lathi charge and dismantled protest tents, resulting in injuries to several protesters.
Observing that the allegations, if substantiated, raised serious concerns regarding the protection of fundamental rights during public demonstrations, the NHRC said the matter warranted suo motu intervention.
The protests, organised by the online collective Cockroach Janta Party (CJP), began in June demanding the resignation of then Union Education Minister Dharmendra Pradhan over repeated question paper leaks. They culminated in a “Sansad Chalo” march on July 20, despite the Delhi Police stating that no permission had been granted for the procession. Clashes reportedly broke out after large numbers of protesters assembled.
The Commission observed that if the allegations of excessive and disproportionate use of force were found to be true, they would amount to a violation of constitutional rights as well as India’s obligations under international human rights law. It reiterated that while the State may impose reasonable restrictions in the interest of public order, its response to peaceful protests must remain proportionate.
The NHRC has directed the Delhi Police to submit, within two weeks, a detailed report covering the facts of the incident, the basis for imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the extent of force used, injuries sustained by protesters, medical assistance provided, the standard operating procedures followed for crowd control and whether any inquiry has been initiated into the proportionality of the police action.
The Commission has also directed that all CCTV footage and video recordings relating to the July 20 incident be preserved and submitted along with the report.
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