DE-NOTIFICATION OF JANTAR MANTAR AS A DESIGNATED PROTEST SITE

Why In News?

The Delhi Police, acting on recommendations from a Ministry of Home Affairs (MHA) committee, officially de-notified Jantar Mantar as a designated protest site.  

About Jantar Mantar 

It was built in 1724 by Maharaja Sawai Jai Singh II of Jaipur, the Jantar Mantar in New Delhi was the first of 5 open-air masonry astronomical observatories constructed across northern India, alongside those in Jaipur, Ujjain, Varanasi, and Mathura.

• The name derives from the Sanskrit words Yantra (instrument or machine) and Mantra (consultation or calculation), literally translating to a calculating instrument.

Architectural & Astronomical Marvel: Designed for naked-eye celestial observation, the Delhi complex houses 13 distinct architectural instruments constructed from brick, rubble, and lime plaster.

• Samrat Yantra: A giant 70-foot-high equinoctial sundial with a 128-foot-long hypotenuse parallel to Earth's axis, capable of measuring local solar time to an accuracy of 2 seconds.

• Misra Yantra: A mixed instrument designed to determine solstices and indicate exact noon across multiple global cities; it is the only structure at the observatory not invented by Sawai Jai Singh II.

• Jai Prakash Yantra & Ram Yantra: Hollowed-out hemispherical and cylindrical structures used to map celestial coordinates and track altitude-azimuth positions.

Heritage & Preservation Status: The Delhi Jantar Mantar is preserved as a Monument of National Importance under the Archaeological Survey of India (ASI). The Jaipur Jantar Mantar was inscribed as a UNESCO World Heritage Site in 2010.

How Did Jantar Mantar Evolve Into India's Primary Protest Site?

Shift from the Boat Club (1993): Prior to 1993, mass rallies took place on the Boat Club lawns near Central Vista. 

• Following the historic 1988 farmers' agitation led by Mahendra Singh Tikait, the government banned assemblies at the Boat Club citing security concerns and traffic congestion, designating Jantar Mantar as the primary protest venue in 1993.

India's "Speaker's Corner": Due to its central location near Connaught Place and administrative ministries, the street adjoining Jantar Mantar became the focal point for major democratic movements:

• 2011 India Against Corruption Movement for the Jan Lokpal Bill led by Anna Hazare.

• 2012 Justice for Nirbhaya Movement.

• 2017 Tamil Nadu Farmers' Agitation.

• 2019 Anti-CAA Protests.

• 2023 Wrestlers' Protest against governance issues in sports federations.

• 2026 NEET-UG Paper Leak Protests organized by the Cockroach Janta Party (CJP).

Framework Governing Public Assembly In Delhi

Constitutional Rights: Article 19(1)(b) guarantees every citizen the fundamental right to assemble peaceably and without arms, while Article 19(1)(a) safeguards freedom of speech and expression.

Reasonable Restrictions: The state can impose reasonable restrictions under Article 19(3) and Article 19(2) strictly in the interests of public order and sovereignty and integrity of India.

Special Jurisdictional Status of Delhi: Under Article 239AA(3)(a), the Delhi Legislative Assembly lacks legislative competence over Public Order, Police, and Land. The Delhi Police operates directly under the Union Ministry of Home Affairs (MHA).

Statutory Machinery: Executive regulation of public assemblies is enforced using Section 144 of the Code of Criminal Procedure (CrPC) / Bharatiya Nagarik Suraksha Sanhita (BNSS).

Supreme Court Judgments Governing The Right To Protest 

Himat Lal K. Shah vs Commissioner of Police (1972): The Supreme Court established that while the state can regulate public meetings under Article 19(1)(b), it cannot arbitrarily prohibit public assembly altogether.

In Re: Ramlila Maidan Incident (2012): The Court held that peaceful assembly is a fundamental right protected against arbitrary police action.

National Green Tribunal (NGT) Order (2017) vs Mazdoor Kisan Shakti Sanghatan vs Union of India (2018): The NGT imposed a complete ban on protests at Jantar Mantar citing noise pollution under Article 21. 

• In 2018, the Supreme Court overturned the blanket ban, holding that prohibiting protests entirely in Central Delhi violates Article 19(1)(b) and directing police authorities to frame balanced regulatory guidelines.

Amit Sahni vs Commissioner of Police (2020): The Court held that public roads and arterial transit corridors cannot be occupied indefinitely for demonstrations.

Conclusion

Preserving accessible public spaces for peaceful assembly under Article 19(1)(b) is vital to upholding democratic accountability while maintaining public order.

Source: THEHINDU