Protests in India: Balancing Fundamental Rights with Legal Restrictions
The article examines the legal framework governing protests in India, focusing on the balance between citizens' fundamental rights to freedom of speech and assembly and the state's power to impose reasonable restrictions. It highlights that while Article 19(1)(a) and 19(1)(b) protect the right to protest, these rights are not absolute and can be regulated under Article 19(2) and 19(3). The piece discusses Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 144 CrPC, as an emergency power to prevent public disorder. It notes that this provision, though intended for exceptional situations, has often been used routinely and mechanically, leading to blanket prohibitions. The Supreme Court has consistently upheld the right to protest but stressed that regulations must not become prohibitions, advocating for designated protest sites and clear guidelines.
Key Points
- Citizens have a fundamental right to protest peacefully under Article 19(1)(a) and 19(1)(b) of the Constitution.
- These rights are subject to reasonable restrictions in the interest of public order and national security.
- Section 163 of BNSS (formerly Section 144 CrPC) is an emergency power to regulate public assemblies.
- The Supreme Court has ruled that Section 163/144 cannot be used for blanket or indefinite prohibitions on protests.
- Authorities must balance protesters' rights with public convenience and establish clear guidelines for designated protest sites.
Exam Facts
- Article 19(1)(a) and 19(1)(b) of the Indian Constitution guarantee freedom of speech and expression and the right to assemble peacefully.
- Article 19(2) and 19(3) allow for reasonable restrictions on these rights.
- Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced Section 144 of the Code of Criminal Procedure (CrPC).
- Key Supreme Court cases mentioned: Himat Lal K. Shah v. Commissioner of Police (1973), Mazdoor Kisan Shakti Sangathan v. Union of India (2018), Amit Sahni v Commissioner of Police (2020).
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