Introduction
Chief Justice of India Surya Kant recently said that everyone had the right to protest in India, but it must be done peacefully and without harming the rights of other people. Protests are an essential part of democracy. It is in the news because against many young individuals, criminal cases have been filed as they protested regarding the naming of the Navi Mumbai International Airport. The verdict came in the case Prakashjhot Samajik Sanstha vs Union of India, and it highlighted a genuine question of whether the right to protest is a fundamental right or not. Similar questions were raised during the farmers' protest in 2021 when they blocked roads during the protest.
Related Provisions under the Indian Constitution
Although the Constitution of India does not explicitly mention the right to protest, this right is derived from Article 19 - Right to Freedom of Speech and Expression. Article 19 allows an individual to freely express their thoughts and beliefs to establish their identity and develop their personality in society. Article 19 (1) (a) says that all citizens have the right to freedom of speech and expression. This gives the power to convey one's thoughts to a large section of people. Article 19 (1) (b) allows individuals to assemble peacefully without arms. Article 19 (1) (c) empowers citizens to form groups or assemblies and raise their voice against the government's acts. Therefore, there exists the right to protest in India, though not mentioned explicitly.
We can see this in the following way:
Article 19(1)(a) + Article 19(1)(b) + Article 19(1)(c)Restrictions on the Right to Protest
(i) Public Order
(ii) Sovereignty and Integrity of India
A protest cannot promote activities that threaten the unity or integrity of India in any sense. For example, a protest to divide the country based on religion or language or planning an armed rebellion against the state, is strictly prohibited while protesting.
(iii) National security
Any act or any protest that could be a threat to the country is prohibited. For example, leaking confidential information of the state to an enemy state during a war is not only prohibited but also punishable.
(iv) Morality and decency
Freedom of speech and expression during protests should still respect basic standards of decency and morality. For example, hate speech that incites communal hatred may be intervened by authorities to prevent social unrest and maintain public morality.
Right to Protest vs Public Convenience
Protest should not come at the cost of public inconvenience. The same was upheld by the Supreme Court in the Shaheen Bagh Protest in 2019. It is the responsibility of protesters to ensure that they do not hinder the basic rights of other people. Therefore, a balance between the two is mandatory. Instances like road blockage, which affect office-going people, school buses and ambulances are inconsistent with the protesting rights. In Amit Sahni v. Commissioner of Police, the Supreme Court observed that public spaces cannot be occupied indefinitely in the name of protest.
Conclusion
A healthy democracy allows protest, but it also ensures that public order and public convenience are not seriously affected. Sometimes, protests lead to a better change, and it must move in that way only. Peaceful protest is not merely a legal right; it is also a way through which individuals participate in the democratic process. The true spirit of democracy lies in allowing dissenting opinions while ensuring that law and order are maintained.
FAQs on Right to Protest in India
1. Is the right to protest a fundamental right?
Yes, though not explicitly written, protesting peacefully is considered a part of the freedom of speech and expression guaranteed under Article 19 of the Indian Constitution.
2. Is the right to protest absolute in India?
No, it is not absolute. The government can impose reasonable restrictions in the interest of public order, security, sovereignty, and morality.
3. Can police stop or restrict a protest?
Yes, police authorities can regulate or restrict protests if they believe the protest may lead to violence, public disorder, or serious inconvenience to the public.
4. Can protesters block roads during protests?
No, blocking roads is not permitted by the courts as it affects the rights of other people. Hence, protests should take place where it does not affect the rights of other individuals.
5. Can a person be arrested during a protest?
Yes, a person may be arrested if the protest becomes unlawful, violent, or violates legal restrictions imposed by authorities.
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