What is section 144? Why are many calling it violation of rights

New Delhi,Dec 20: The parliament's nod to controversial law of Citizenship Amendment Act last week has triggered widespread protests in some northern and northeastern states of India.

The protests took a violent turn in Karnataka too after two persons received bullet injuries in police firing in Mangaluru, later succumbed at a hospital. Curfew has been imposed in Mangaluru where thousands of protesters took to streets.

Meanwhile, mobile internet services suspended for 48 hours in Mangaluru city and Dakshina Kannada District, to prevent misuse of social media platforms with an aim to disturb peace and tranquillity, and for maintaining the law-and-order situation.

With the authorities grappling with the situation, Section 144 has been imposed in Karnataka, Uttar Pradesh as a preventive measure.

What's Section 144?

Section 144 of the Criminal Procedure Code (CrPC) empowers the magistrate of any state or union territory in India to pass an order prohibiting any assembly of five or more people in an area where it is invoked.

The Section says that except security forces no civilian is allowed to carry weapons including lathis, sharp-edged weapons or firearms in public places.

Duration of Section 144 order

Under this section, no order can remain in force for more than two months from the making except in the situation when the State government considers it necessary to prevent danger. Besides this, it cannot be extended for more than six months from the date of issuance of the initial order.

Does Section 144 mean curfew?

Section 144 prohibits an assembly of more than four persons in an area, while during the curfew people are instructed to stay indoors for a particular period of time. Schools, colleges, and offices remain closed during the curfew and only essential services are allowed to run as stated by the authorities.

Punishment for violating section 144

A person involving in such unlawful assembly can be booked for "engaging in rioting". The maximum punishment for such act is maximum three years of punishment. Besides, the people found obstructing the police from dispersing the assembly or forming the assembly is also liable to face action.

Why is Section 144 in news?

In view of the prevailing security situation in various parts of the country, the respective state governments have imposed Section 144 of the Code of Criminal Procedure (CrPC) in the state.

Why is there a opposition?

The criticism is that section 144 has been wrongfully promulgated and gross violation of citizens' fundamental right to protest.