It has been proposed to promulgate a notification to regulate the various types of public meetings, processions, assemblies being held in the district by various organizations for various reasons. A draft notification called the Regulation of Public Gatherings (Dakshina Kannada) Order, 2007 has been prepared in this regard and the same is published in the Karnataka State Gazette dated 22nd March, 2007 (Pages 1454 to 1467) as is required to be done as per section 31 (6) of the Karnataka Police Act. The public are requested to give their feedback/suggestions/objections to this order within 30 days. After considering all such suggestions/objections, the final notification will be promulgated in due course.
The Draft notification can be viewed online at URL: http://www.dkpd.org/pdf/Draft_Regulation_of_public_gatherings.pdf . In due course the notification will also be put on the Discussion Forum of the district police website which is under development stage and the readers can then give their feedback directly on the website by registering themselves.
Salient Features:
- The notification has been framed under section 31 (1) (O) of the Karnataka Police Act, 1963 which empowers the District Magistrate to regulate all type of public assemblies or processions.
- Obtaining of permission for the holding of any type of public meeting/procession/assembly will become mandatory (Clause 3). At the same time, the District Magistrate has been given the discretion to exclude certain type of events from the purview of this order (Clause 10).
- The term Public Gatherings has been defined (Clause 2) to include all type of public meetings/processions/agitations..etc consisting of five or more persons.
- The notification will only cover events that are held/organized in a public place. Events that are private in nature are not covered under this order.
- CPI and above level Police Officers have been designated as Competent Authorities. These police officers are empowered to grant permission for any type of public gathering after considering the application in accordance with this order (Clause 5). They are also empowered to impose certain conditions or suggest modifications to any public gathering (Clause 7). However they have to exercise these powers within the limits prescribed in this order and subject to the overall control of the District Magistrate.
- These police officers are empowered to prescribe the time at which, the duration for which such gathering may be held. The officers may also specify the routes through which any public procession has to pass.
- These police officers can only regulate such gatherings but they cannot completely refuse permission for the holding any such gathering (Clause 8). If the Competent Authority is of the opinion that permission is to be refused, he has to send report to the District Magistrate who will take final decision in the matter.
- The display of flags, banners, hoardings, tableaus...etc in connection with any public gathering would also to be regluated (Clause 9).
- Application for the holding of any public gathering to be submitted to the Competent Authority not less than three days before the date of such proposed public gathering.
- The Competent Authority to consider the application and grant permission with or without any modifications and communicate the same to the organizers in writing at least 24 hours prior to the holding of such proposed public gathering.
- Proforma of the application form also given along with the order.
- Not less than three organizers are to sign this application form.
- The organizers are also to provide an undertaking to the effect that they will maintain peace and order during their proposed public gathering.
- In addition to this, the organizers should also take responsibility for any loss or damage that may be caused to any property in the event of their public gathering turning violent. They have to give an Indemnity Bond to this effect.
- No application fee charged for submitting an application under this order.
- Any public gathering held or arranged in contravention of this order would become an Unlawful assembly punishable U/sec 143 IPC (Indian Penal Code)
- Several countries/cities in the world having similar enactments to deal with such public events.
