Right To Peaceful Protest In India: A Human Rights Analysis Of The 2026 Jantar Mantar Protests
Akanksha SinghSep 30, 202610.5281/zenodo.23063080pp. 178–19114 pages
Peaceful protest is an essential element of a democratic society since it allows individuals and groups to express their disagreement collectively, communicate their complaints and call for government accountability. It is a fundamental aspect of democracy because it provides citizens with a means of collectively raising their grievances against the government. Even though the Indian Constitution does not expressly mention a right to protest, the Supreme Court has recognized it as a fundamental right that comes from other articles.[1] Article 19(1)(a) guarantees the right to free speech and expression, and Article 19(1)(b) guarantees the right to assemble peacefully.[2] While these articles are protected from unreasonable state interference, they do allow the state to exercise reasonable restrictions that are mentioned in Articles 19(2) and 19(3). The Indian judiciary has been faced with the task of trying to find a balance between these rights and the State’s obligation to uphold the order of the society.[3] The protests of 2026 at Jantar Mantar in New Delhi present a contemporary example of the issues faced with the balancing obligations. The protests, started primarily by youth and aligned with the Cockroach Janta Party (CJP), began in June and focused on issues of irregularities in national examinations, accountability in the education system and issues of examination governance. The protests gained national focus after a hunger strike was conducted and the participants engaged in confrontation with the police. The protests gained the national focus and sparked the concern of the protesters with regard to the appropriate of surveillance technologies including facial recognition and issues with police actions.[4] The balancing of the right to free and peaceful assembly of the protest participants and balancing the right of other citizens and the obligation of the State to uphold order has been addressed by the Supreme Court of India in previous cases where it recognized the right to protest as a fundamental right.[5] This paper analyses the 2026 Jantar Mantar protests from a human-rights perspective by examining constitutional protections, judicial precedent, international human-rights standards and the principles of legality, necessity and proportionality. It posits that the State has a right to regulate peaceful demonstrations, but such regulations should enable - as opposed to completely obstruct - the right to protest. Thus, any use of force, detention, surveillance, or restriction on the right to protest must meet constitutional and human rights standards and must be justified and proportional. [1] Mazdoor Kisan Shakti Sangathan v. Union of India, (2018) 17 SCC 324. [2] INDIA CONST. art. 19(1)(a)-(b). [3] INDIA CONST. art. 19, cls. 2–3. [4] Ananthakrishnan G., How Facial Recognition Was Used for CJP Protest: Delhi Police to Supreme Court, INDIAN EXPRESS (last visited Aug. 18, 2026), <https://indianexpress.com/article/legal-news/delhi-police-facial-recognition-jantar-mantar-protest-supreme-court-10838147/> [5] Mazdoor Kisan Shakti Sangathan v. Union of India, (2018) 17 SCC 324.