Ahead of the Cockroach Janta Party’s (CJP) march to Parliament from Jantar Mantar in New Delhi slated for Monday (July 20), the Delhi Police said that the CJP have neither received permission to continue their protest at Jantar Mantar nor applied for approval to hold the march.The CJP, which has been demanding the removal of Union Education Minister Dharmendra Pradhan, has been protesting at Jantar Mantar since June 20. CJP founder Abhijeet Dipke said the group would go ahead with its planned march on Monday.Here’s what to know about the laws governing the right to protest and why one needs police permission to organise a public protest in India.For citizens of India, the right to protest flows from fundamental rights guaranteed to them under Article 19 of the Constitution of India: freedom of speech and expression under Article 19(1)(a) and the right to assemble in a public place without arms as per Article 19(1)(b).But this is not an unconditional right — it comes with certain restrictions and requirements. So, one can exercise their right to protest peacefully given all necessary permissions from authorities are sought and public order is maintained while doing so.Also read | ‘History will ask what India did’: CJP’s open letter on Sonam Wangchuk’s hunger strike“Several cases brought before the Supreme Court over the years have reaffirmed the right to protest to be an integral part of democracy and further laid down directions to be followed by the state authorities and by the citizens to ensure this right is lawfully exercised,” says a December 2020 note titled “Guide to Lawful Protesting” by Nyaaya.org, an open-access digital resource for legal information incubated at the Vidhi Centre for Legal Policy.Documents needed for police permissionSince “law and order” is a subject in the State list of the Constitution, every state can make its own laws and rules that govern law and order within its own territory. So, the rules to apply for permissions to carry out protests and public gatherings differ from state to state.Story continues below this adFor any such protest or public gathering, the organisers need to obtain a No Objection Certificate (NOC) from the police station within whose jurisdiction this would fall. If such a protest involves the jurisdiction of more than one police station, the Commissionerate office or the office of the Deputy Commissioner of Police (DCP) has to grant the NOC.Also in Explained | CJP protest in Mumbai: How Azad Maidan became the city’s site of agitations, with restrictionsThis application for the NOC or any specific permissions for the protest must have details such as name, address, and contact number of the organisers. Other required details include the reasons for the said protest(s), its duration, the approximate number of people participating in it, and the venue or place of assembly. In case of a rally, the route must be provided. Also, the use of equipment like loudspeakers, tents, and pandals needs to be mentioned.If the police department concerned doesn’t have a specified format, the application for NOC can be made in a simple letter form with the details mentioned above and should be addressed to the highest ranking officer of the police station concerned or the DCP office. It must be enclosed with the applicant’s identity proof, residence proof, photograph, and any other relevant documents required. The police authorities might also seek additional details regarding arrangements of crowd control, access to water, washrooms, and other amenities for those participating in the protest, and details for coordination with police officials to be present at the gathering. In some cases, the police might ask the applicant and/or other organisers to submit these details in the form of an affidavit.Can the police deny permission?The answer is yes, since the right to protest is not an unconditional right and comes with reasonable restrictions. This is because the police also need to consider the interests of residents and issues of public order in the area(s) specified for protest.Story continues below this adNewsletterFollow our daily newsletter so you never miss anything important. On Wednesday, we answer readers' questions.SubscribePermission can be denied if the authorities deem that the protest might affect the interest of India’s sovereignty and integrity, the security of the State and friendly relations with foreign states, public order, decency, or morality. Other grounds for denying such a request could pertain to contempt of court, defamation, or incitement to an offence.Even permission for an ongoing peaceful protest can be revoked by imposing a curfew in a particular area under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 144 of the erstwhile Code of Criminal Procedure, 1973).In case of denial of request or withdrawal of permission, the police or State authorities (like a District Magistrate) must provide specific reasons, mentioning the exact nature of threat, risks posed by the protest, and the reasons for imposing prohibitory orders on an ongoing protest.