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UN statement on Delhi explained: What ‘necessity and proportionality’ mean

The UN human rights office said on October 10 that it was concerned by reports of mass detentions in India around the Delhi protests and called for the immediate and unconditional release of anyone arbitrarily detained.

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The UN said that restrictions on peaceful protest must be necessary and proportionate.

Necessity means that a restriction must serve a legitimate aim such as public safety.

Proportionality means that it should be no more intrusive than needed to achieve that aim.

The UN also asked for utmost restraint.

The reports did not carry a government response.

It said that any restrictions on peaceful protest must meet the tests of necessity and proportionality.

It asked law enforcement to show utmost restraint towards peaceful protesters.

It said that anyone arbitrarily detained must be released immediately and unconditionally.

It also urged meaningful dialogue to address the concerns that have been widely expressed.

Hundreds of protesters were detained as security forces stopped the Cockroach Janta Party, or CJP, from reaching Jantar Mantar, according to PTI.

Al Jazeera reported that more than 1,000 people were detained, and live blogs carried higher figures such as 5,000 and 7,000, which could not be confirmed.

The CJP is a Gen Z-led, satirical and unregistered movement that demands electoral reforms and the resignation of Chief Election Commissioner Gyanesh Kumar.

It alleges manipulation of voter lists during the Special Intensive Revision, or SIR, of electoral rolls.

The Election Commission describes the revision as routine and denies political interference, according to PTI.

The BJP also denies the allegations.

Delhi Police had refused permission for the protest, and the force has not publicly commented on the detentions, according to PTI.

BJP president Nitin Nabin criticised the protests, saying that opposition groups were acting at the behest of foreign forces and trying to destabilise the country, according to PTI.

Nabin said that Indian democracy was strong enough to resist such efforts.

Amnesty International India said that those detained solely for exercising free expression and peaceful assembly should be released immediately and unconditionally, according to Al Jazeera.

Palais des Nations, Geneva (file image), Wikimedia Commons, CC BY-SA 4.0

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