From protests against SIR to the alleged police brutality against women journalists—the question is not just about the vote, but also about citizens’ constitutional rights in a democracy.
India is called the world’s largest “democratic country.” Elections here are considered the great festival of democracy. Since the first general election in 1952, adult Indian citizens have had the right to vote. This right makes us feel that the government is “elected by our votes” and that a “government elected by the people’s votes” works for the people. Much has already been written about this. Let us now talk about how the people’s right to vote is being curtailed through SIR. In protest against this curtailment, India’s aware citizens and opposition parties have been on the streets of Delhi since October 2.
October 2 is the birthday of Mahatma Gandhi, known as the Father of the Nation. From India’s ruling class to all opposition parties and the general public, there is an affection for Gandhi. It is said that Gandhi, through his “satyagraha,” forced the British to leave the country.
With this sentiment, opposition parties, including left-wing parties, took to the streets against Chief Election Commissioner Gyanesh Kumar on the issue of “vote theft.” The government and police administration appeared fully alert. Around Jantar Mantar and at intersections, barricades were put up and restrictive banners were placed under Section 163 of the BNS. Delhi Police and paramilitary personnel were seen standing there. These personnel appeared with batons, tear gas shells, and weapons.
Eleven metro stations were shut down. Even local trains were deliberately delayed so that people could not participate in the protest. Those who did reach were taken into custody. After this, a debate began on Article 19(1)(b) of the Constitution. The Constitution gives us the right to assemble peacefully and hold meetings—so why were the police stopping us? Are they protectors of Indian democracy, or were they following the ruling party’s instructions?
The government and administration could not care less. Article 19(1)(b) is as useless to the police as Article 326 is to Gyanesh Kumar. This is not only for the police or the Election Commissioner. The Supreme Court, too, has thumbed its nose at it, saying, “Just vote next time.”
The country’s youth and left-wing parties did not sit at home out of fear of the October 2 detentions. They came out on the streets on October 3 as well against the Chief Election Commissioner, and their protest continues today.
The country’s venal media keeps its distance from any anti-government movement and, sitting in air-conditioned studios, analyzes and tries to malign the movement. News of the CAA-NRC movement, the farmers’ movement, the workers’ movement, and the “Cockroach movement” reached people through social media and alternative media.
Alleged Police Excesses Against Women Journalists
On October 3, 2026, three women journalists accused Delhi Police officers of sexual harassment. Journalist Rosie alleged that ACP Vivek Bhagat squeezed her breasts. About 200 independent journalists surrounded Parliament Street police station and demanded an FIR against the ACP.
Instead of registering an FIR, the matter was handed to the Crime Branch to delay and evade. For journalists who stood firm outside the police station for more than 60 hours demanding an FIR, the “reward” was that police arrested the victim and her journalist colleagues. Police refused to recognize independent journalists as journalists, and the police officer mocked the victim herself: “We know you only too well.” It also emerged that a journalist from Haryana was detained, his educational qualifications questioned, and he was accused of spreading a fake video.
In such a situation, the question arises: why has the police not yet made the CCTV footage public?
The police have issued guidelines for journalists by releasing an AI-generated poster. Looking at the poster, it seems that it is not the police but the women journalists who are harassing the police. In the image, women journalists are shown reporting very close to police personnel, pressing against their bodies. In this way, the guilty ones are not the police but the women journalists.
Journalists are being told about valid identity cards. The question is: what can be valid identification for an independent journalist? Delhi Police itself has hired private cameramen. Can they have any Delhi Police identity card? They are taking photographs of protesters as per their profession. Similarly, no journalist is behaving like a protester; they are asking questions. So will the police give them a certificate? It is not the police’s job to examine educational qualifications; their job is to maintain peace and law and order.
“If The Beloved Becomes The Constable, What Is There To Fear?”
On the one hand, there was a demand to register an FIR against ACP Vivek Bhagat; at the same time, it was announced that Vivek Bhagat would be promoted from ACP to Additional DCP. When criticism erupted from all sides, the Delhi government announced that Vivek Bhagat’s promotion had been stayed until the inquiry was completed. This situation itself raises many questions. If an inquiry into serious allegations against an officer is underway and his promotion is announced during that time, questions about the impartiality of the inquiry are natural. What effect will this have on the investigating officer? Will he be able to investigate independently?
In Munshi Singh Gautam (Dead) & Others v. State of Madhya Pradesh, Criminal Appeal No. 919/1999, decided on November 16, 2004, the Supreme Court said that policemen often remain silent to protect their colleagues and even distort the truth.
Later, this observation was cited in several other court decisions, including Dalbir Singh v. State of U.P. (2009), Prithipal Singh v. State of Punjab (2011), and Sube Singh v. State of Haryana (2006). A 2025 Gujarat High Court judgment also quoted the Supreme Court’s observation.
In reply to Question No. 3789 on July 16, 2019, India’s Minister of State for Home G. Kishan Reddy stated that there were 302 custodial rape cases during 2016-19. In 2023, the National Human Rights Commission (NHRC) registered 12 cases of rape and molestation in police custody. Between 2017 and 2022, a total of 275 custodial rape cases were registered, and police were accused in 56 of them.
In 2021, former Chief Justice of India N.V. Ramana said that police stations are among the places posing the most serious threat to human rights in the country.
Not Only Journalists, Women Police Personnel Are Also Unsafe
Newspapers regularly carry reports of rape of women police personnel in police stations. In Odisha, the government told the Assembly that 22 cases related to women police personnel were registered from 2023 to September 2025. Of these, 4 were rape cases. The rest involved harassment and other offenses. These cases involved women working in the police department, and police stations and offices were also within their scope. In April 2023, a woman police officer of Delhi Police accused an officer of the rank of Special Commissioner of molestation. The incident allegedly took place inside the Special Commissioner’s office. In such circumstances, will journalist Julie get justice?
The Battle for Rights
Today, whatever constitutional rights empower the people—whether Article 19(1)(a), 19(1)(b), or Article 326—questions are being raised about their effective use in light of the conduct of the government and administration. It is even feared that everything from the Right to Information (RTI) to the Right to Education is being gradually weakened.
In the 2024 Lok Sabha elections, the opposition vigorously raised the issue that the BJP wanted more than 400 seats so that it could change the Constitution. Now, from the government’s conduct, it seems that without changing the Constitution, the rights conferred by the Constitution will not be given.
From Dr. Ambedkar to Ram Manohar Lohia, they have said that rights are not obtained by asking; they have to be snatched. Only by becoming aware of rights and struggling will rights be obtained today.
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