First, in response to the Israel-Gaza war, several students of the Aligarh Muslim University took out a rally on October 9. This peaceful rally, organised as an expression of solidarity with Palestinians, saw four students in trouble as the police booked them under Sections 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, language, etc.), 188 (disobedience to order duly promulgated by public servant), and 505(statements inducing public mischief) of the Indian Penal Code (IPC).

The state chief minister, Ajay Bisht aka Yogi Adityanath, soon after the AMU protest, directed the police to take “stern action” against actions or social media posts in support of Palestine. According to a report in the Deccan Herald, senior district police officials have been told to speak to the Muslim clerics and make it clear that “any attempt to incite passion on social media or a similar call from the religious places will not be tolerated”.

A cop, belonging to the Muslim community, posted in Lakhimpur Kheri district in Uttar Pradesh, had merely shared a pro-Palestine post on social media. Within days, he was suspended from duty and an additional superintendent of police rank officer was appointed to carry out an inquiry about the constable and “his political inclination”.

In similar incidents, the police in Kanpur booked two young Muslim clerics, Suhail Ansari and Atif Chowdhary, for posting content in support of Palestine on social media. While Ansari was arrested, the police raided Chowdhary’s residence.

Background

Irrespective of which parties dominate the government is in power and what the political party’s stand has been on the ongoing conflict in West Asia, protestors in many states are facing criminal action for acts of “unlawful assembly” to promote “enmity between two groups”. India’s position on West Asia – reiterated by the Narendra Modi government – on the Israel-Palestine conflict is that it supports a “negotiated solution resulting in a sovereign, independent, viable and united State of Palestine, within secure and recognised borders, at peace beside Israel as endorsed in the relevant UNSC and UNGA Resolutions”.

It is the right to protest peacefully however which is guaranteed but appears in many instances to have been denied.

Ironically even in Congress-ruled Karnataka, the police’s actions were no different than UP, Delhi or Mumbai.

The police from the Cubbon Park jurisdiction in Bengaluru booked 11 persons, including a member of the Bahutva Karnataka (a citizen’s group), and other unnamed people for holding a solidarity gathering in support of Palestine on MG Road. While the police haven’t booked them for “promoting enmity”, the sections applied are largely for gathering without permission and for “public nuisance”.