Protest For Some, Disruption For The Rest? Need For Striking A Balance Between Two Facets

Protest For Some, Disruption For The Rest? Need For Striking A Balance Between Two Facets Of The Same Coin

Devansh Malhotra, NLIU Bhopal (2018-23)

Vaibhav Garg, B.B.A.LL.B., University School of Law and Legal Studies, GGSIPU

ABSTRACT

Constitution of India guarantees the right to free speech and expression as well as right to assemble peaceably without arms. Following these ideals, we get our right to protest and register dissent and discontent towards the government. The authors in this article will show the various aspects of right to protest and the restrictions which come along with it. Starting with a historical background on the protest movements, article explains the constitutional and statutory dimensions that are associated with the right to protest. Further, the article elaborates on the judicial pronouncements that have upheld this right for a long time. Authors then go on to explain how this right is not absolute and an unfettered access to it is not available to everyone. The article also deals with the aspect that how this right is not available to certain classes of society and the classification is done on the certain professional basis by the courts from time to time. The rights of people protesting and rights of the rest of the public must be in harmoniously interpreted so as to serve the greater interest of the society. The article then goes on to discuss the recent Shaheen Bagh judgement and Supreme Court’s order staying the operation of recent farm laws. Further, by citing example of the India against corruption movement the essay deals with the aspect that how these protests ensure a sense of accountability in a democracy. The authors also try to highlight the issues that how by applying the dictum of ‘Protests at designated places’ will dilute the concept of the right to protest guaranteed by the constitution. On a concluding note, it is also highlighted that as the rights are not absolute and in such situations are often in conflict with rights of individuals inter se, the Apex Court should consider this while disposing of the review petition for the Shaheen Bagh verdict.

Keywords: Protests, Democracy, Restrictions, Designated Place, Shaheen Bagh, Farm Laws.