Right to protest and police power: Balancing constitutional rights with public order
Recent clashes during a "Chalo Sansad" march in Delhi, where police used tear gas and lathi charges, have reignited discussions on the right to protest and police power. The Constitution guarantees the right to assemble peacefully under Article 19(1)(b), subject to "reasonable restrictions" for public order. The Bharatiya Nyaya Sanhita (BNS) defines unlawful assembly and permits dispersal by force if non-compliant. Police action must adhere to principles of lawfulness, necessity, and proportionality, as per the National Human Rights Commission's Manual and UN Basic Principles. The incident also raised questions about police accountability, with personnel allegedly lacking visible name tags, and the Supreme Court has previously emphasized reasonable police action and the constitutional right to dissent.
Key Points
- The right to protest peacefully is a constitutional right under Article 19(1)(b), subject to reasonable restrictions for public order.
- The Bharatiya Nyaya Sanhita (BNS) defines unlawful assembly and permits the use of force for dispersal if non-compliant.
- Police action must be lawful, necessary, and proportionate, adhering to human rights principles.
- The incident raised concerns about police accountability, including the lack of visible identification.
- The Supreme Court has consistently upheld the right to protest while emphasizing reasonable police action and accountability.
Exam Facts
- The right to assemble peacefully is guaranteed under Article 19(1)(b) of the Constitution.
- The Bharatiya Nyaya Sanhita (BNS) governs unlawful assembly and use of force.
- Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows for prohibitory orders.
- The National Human Rights Commission's Manual on Human Rights for Police Officers provides guidelines.
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