Delhi Police have invoked Section 197 of the Bharatiya Nyaya Sanhita in an FIR against protesters at India Gate, demonstrating against deteriorating air quality in the capital. This move has drawn criticism from over 38 organizations, which accused law enforcement of criminalizing a peaceful assembly. Police allege that some protesters voiced support for the deceased Maoist commander Madvi Hidma.
A total of 23 individuals, including 11 women, were arrested during the demonstration focused on the pressing issue of air pollution in Delhi. Section 197 penalizes making statements that disrupt national integration or disseminate false information that jeopardizes India’s sovereignty, potentially leading to three years of imprisonment or a fine.
Reports indicate that police filed two separate FIRs, one at Kartavya Path Police Station and another at Parliament Street Police Station. In the first FIR, five protesters have been remanded to two days of judicial custody, while a sixth has been placed in a safehouse pending age verification. The second FIR resulted in the arrest of 17 students, who have been sent to three days of judicial custody.
Authorities claim that the protesters were exhibiting posters of Hidma and that when officers attempted to clear a blockage caused by the demonstration, some individuals allegedly deployed pepper spray against the police and attempted to confront them. Officers also stated that chants of “Madvi Hidma amar rahe” were heard.
The police crackdown led to the circulation of a photo showing a 24-year-old Delhi University law student, Akshay E R, pinned face-down on the ground. Akshay and others have been accused of shouting pro-Maoist slogans, breaching barricades, and using pepper spray. However, student groups contest these allegations, asserting that neither Akshay nor the detained students have connections to Maoism, and that the slogans were uttered by a small group outside the main protest gathering.
Lawyers representing the detainees stated that several individuals sustained injuries during the police action and maintained that the level of force applied to Akshay appeared excessively harsh. They emphasized that the students were participating in a peaceful demonstration with no plans for anti-national conduct.
The Campaign Against State Repression (CASR), representing more than 38 organizations, released a statement asserting that the protesters were exercising their democratic rights to demand action on the hazardous air quality in Delhi and should not be subjected to criminal charges. The group claimed that numerous women protesters were detained overnight in contravention of Supreme Court guidelines, and reported incidents of severe mistreatment, including accusations of sexual harassment while in custody.
CASR also alleged that lawyers were obstructed from meeting with the detainees, which they describe as a violation of constitutional rights. The coalition is demanding the immediate release of all arrested protesters, a thorough investigation into claims of custodial abuse, adherence to legal protections—especially for women—and prompt government action to address air pollution in Delhi. They warned that “silencing voices will not clear the air; action will,” urging authorities to engage rather than intimidate the public.
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