New Delhi: All India Students' Association (AISA) national president Neha Bora on Saturday said she would not sign a peace bond before a Special Executive Magistrate (SEM), asserting that such bonds were being 'weaponised' to curb democratic protests and undermine the constitutional right to dissent.
A day after the Delhi High Court declined to examine the merits of her challenge to a police notice seeking a personal bond of Rs 10,000 with one surety, Bora said AISA would continue to oppose such proceedings rather than allow them to become normalised.
“On one side, the Constitution gives us the right to dissent. On the other hand, such peace bonds are invoked only to detain people in the name of breach of peace,” she said at a press conference at the CPI(ML) Liberation parliamentary office in New Delhi.
Bora questioned the rationale behind the notice, asking, “Whose peace am I being asked to keep?” She argued that peaceful demonstrations and questioning the government were democratic rights and should not be treated as threats to public order.
The police notice, issued on October 17 under Section 126 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directed Bora to appear before a Special Executive Magistrate on October 19 and show cause why she should not execute a personal bond of Rs 10,000 with one surety to maintain peace during the inquiry.
The notice came a day after Delhi Police detained Bora when she joined the 'Lehra Do Tiranga' march at Mandi House on October 16. The demonstration was part of protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
Bora maintained that signing a peace bond would amount to compromising the right to dissent and legitimising the use of preventive proceedings against peaceful protesters.
“Signing such peace bonds is a principally wrong decision for us. It is no less than signing away our democratic right to dissent,” she said, adding that AISA would continue challenging such notices in the future.
She also expressed hope that the courts, as 'custodians of law and constitutional morality', would recognise the contradiction between the constitutional guarantee of dissent and the use of peace bonds against protesters.
Clarifying the outcome of her petition, Bora said media reports had incorrectly suggested that the court had rejected her challenge on its merits. According to her, the court had declined to examine the merits of the challenge at that stage and had asked her to participate in the inquiry concerning the notice.
She further argued that a show-cause notice could not, by itself, compel a person to sign a bond and that the principles of natural justice would apply to the proceedings.
Raises concerns over electoral roll revision
Bora linked the protests to concerns over the SIR exercise, alleging that the revision had threatened citizens' voting rights. She claimed that 13 crore voters had been removed from electoral rolls and said media reports, ground-level accounts, testimonies of Booth Level Officers (BLOs) and statements by two Election Commissioners had raised questions about the electoral process.
“Democracy is not abstract,” she said, describing the right to vote and the right to protest against violations of people's rights as two fundamental aspects of democracy.
Bora argued that citizens had a responsibility to raise their voices when they believed their fundamental rights were under threat. She said peaceful protest remained an important means of expressing dissent, alongside constitutional remedies.
Questions police conduct during protests
The AISA president also disputed the characterisation of the demonstration as a breach of peace, alleging that the protesters had remained peaceful while police personnel resorted to force.
She alleged that security personnel used lathis against demonstrators, tore women's clothing and subjected journalists and media personnel to violence.
“If something is called a breach of peace during this movement, it won't be the peaceful protest by common citizens, but the behaviour of the police and security personnel towards protesters and independent media,” she said.
Bora questioned whether citizens raising concerns over alleged electoral irregularities and disenfranchisement could legitimately be considered a threat to public order.
“Would it be peace if questions are not raised against the government?” she asked, reiterating that AISA would not participate in normalising peace bonds as a means of curbing peaceful demonstrations. “The peace cannot be only for the government, but also for the people,” she added.
(With inputs from agencies)