After Police Denies Permission For 'Pride March', Karnataka HC Clarifies Its Order Limiting Protests To Freedom Park

It thus disposed of the application filed by Coalition For Sex workers and Sexuality Minority Rights, which holds the annual Namma Pride March in Bengaluru. It also clarified that the State Government is at liberty to deal with the applications filed before it seeking permission under Licensing and Regulation of Protests, Demonstrations and Protest Marches (Bengaluru City) Order, 2021.

Senior Advocate Aditya Sondhi appearing for the applicant had contended that the applicant was not a party to the suo-motu public interest litigation which in effect imposes a blanket prohibition on protest, marches and dharnas anywhere in Bangalore, except Freedom Park. The pride marches are an annual walks undertaken by members of the LGBTQIA+Community and everyone who supports their rights to equality and dignity across the globe.

He said, "For the last 14 years this walk has been taking place peacefully without any law and order issues. The idea is for the community to take a step away from the daily experience of ostracism and rejection and show the world that there is nothing wrong with being LGBTGIQ+. In Fact it is an identity which can and should be asserted with pride."

Moreover, he said, "The Idea of pride is to come out and celebrate the diversity of the LGBTQIA+ community and the country by walking on public roads for a short and reasonable time. The act of walking allows the general public to see the community, interact with their members and through the interaction learn about the community. To be confined to one space without being allowed to be seen by the public and to build public awareness about the community, defeats the essential purpose of the pride programme itself."

The application stated that on November 4, the organisation sought permission for holding the Namma Pride to the licensing authority procession to be held on November 27. However, on November 21, the authority issued the impugned notice rejecting licence for the procession, relying on the interim order of the High Court dated March 3.

It was submitted that the final order of the High Court is limited to protest, marches and dharnas. The constitution guarantees the Freedom of Speech and expression and the right to assemble peaceably under Article 19 (1) (a) and (b) and the police notice issued is a blatant violation of the same.

Case Title: Suo-Motu v. The State Of Karnataka

Case No: WP 5781/2021

Appearance: Senior Advocate Aditya Sondhi for Advocate Mohammed Afeef for applicant.

Prathima Honnapura, Additional Government Advocate for respondent nos.1 to 4.

Citation: 2022 LiveLaw (Kar) 297