The eminent Supreme Court has confirmed that farmers are within their rights to protest. However, it has underlined that roads cannot be blocked indefinitely, as this affects the rights of citizens to commute without hindrance.
The Interpretation of Right to Protest
While the explicit right to protest is not stated under the Fundamental Rights, it can be extracted from the Right to Freedom of Speech and Expression, enshrined in Article 19. Article 19(1)(a) transforms the right to free speech and expression into the right to express an opinion on the government’s conduct openly.
The Role of Association & Assembly
Article 19(1)(b) advocates for the Right to Association, critical for forming political associations. These groups can collectively challenge governmental policies or decisions. Under Article 19(1)(c), the Right to Peaceably Assemble allows people to question and object to government actions through demonstrations, agitations, and public meetings. Consequently, these rights facilitate citizens to assemble peacefully and protest against the actions (or lack thereof) of the State.
The Impact of Right to Protest
The Right to Protest ensures that citizens can act as watchdogs, continually scrutinizing governmental activities. It offers the government feedback about policies and impacts, enabling the government to recognize and rectify its errors through consultation and discussions.
Limited Right to Protest: Exceptions and Restrictions
However, it is crucial to acknowledge that Article 19(2) imposes reasonable restrictions on the liberty of speech and expression. These limitations serve the interests of the nation’s sovereignty and integrity, state security, friendly foreign relations, public order, decency or morality, contempt of court, defamation, and incitement to an offence. If a protest devolves into violence, it violates citizens’ fundamental duty, as outlined in Article 51A of the Constitution.
Relevant Supreme Court’s Judgments
The Supreme Court has demonstrated balanced judgments on protests in the past. While hearing the Shaheen Bagh Protests plea in 2019, the court upheld the right to peaceful protest against the law but stated that public ways and spaces cannot be indefinitely occupied. The court referred back to its 2018 judgment, which addressed demonstrations at Delhi’s Jantar Mantar. This ruling attempted to balance local residents’ interests with protesters’ rights to hold demonstrations.
Key Case Studies: Defining the Right to Protest
In a notable case (Ramlila Maidan Incident v. Home Secretary, Union Of India & Ors., 2012), the Supreme Court stated, “Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action”. It thus affirmed citizens’ right to peacefully challenge the status quo.
Although these cases maintain the importance of the freedom to protest, the overarching consensus is to ensure this right does not infringe upon others’ freedoms. Therefore, while the citizens’ right to voice their dissent is vital, it should align with the larger social fabric’s tranquillity and order.
Last Modified: February 13, 2024