Rights commission takes suo motu cognizance of Delhi Police excesses
What's the story
The National Human Rights Commission (NHRC) has taken suo motu cognizance of the alleged use of excessive force by the Delhi Police during the student-led protest at Jantar Mantar on July 20. The decision was based on a report published in The Hindu on the same day, which claimed that student protesters were injured as police resorted to tear gas and lathi charges.
Protest background
What led to clashes at Jantar Mantar
The protests at Jantar Mantar started in June, led by the Cockroach Janta Party (CJP), demanding the resignation of then Union Education Minister Dharmendra Pradhan over repeated question paper leaks.
They culminated in a "Sansad Chalo" march to Parliament on July 20, which was not permitted by Delhi Police.
Clashes broke out as large crowds gathered and police allegedly resorted to forceful measures against student demonstrators.
Commission
What NHRC said in order
The commission observed that, if proven, the allegations raised concerns about the protection of basic rights during public demonstrations.
"The contents...if true, raise serious issues of violation of human rights. The use of force in any manner on protesting students, who were raising an issue of public concern, if found excessive and disproportionate, will be contrary to the rights guaranteed by the Constitution as well as in contravention of India's obligations under international human rights laws," the order said.
Rights protection
Right to peaceful protest is a fundamental right: NHRC
The NHRC stressed on the need to maintain a balance between public order and fundamental rights, as peaceful protests are constitutionally protected.
"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," it said.
The commission has directed Delhi Police to submit a detailed report on the incident within two weeks.
Report requirements
NHRC seeks details on injuries, medical assistance provided
It also asked Delhi Police to provide factual details of the incident, justification for prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and extent of force used against protesters.
It sought details on injuries sustained by protesters, if medical assistance was provided, if standard operating procedures were followed for crowd control, and if any inquiry was initiated into the use of force.
The NHRC has also ordered the preservation of all CCTV footage and video recordings.