oppn parties Protest Cannot Be Held Anytime And Everywhere, Says The Supreme Court

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  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Protest Cannot Be Held Anytime And Everywhere, Says The Supreme Court

By Sunil Garodia
First publised on 2021-02-14 14:30:29

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has refused to re-examine its verdict in the Shaheen Bagh case where it had held that blocking of public spaces for long periods to hold protests, causing inconvenience to others, cannot be allowed. It has added that the right to protest cannot be anytime and everywhere. The court said "there may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting the rights of others".

The right to protest is an integral part of democracy. Any person or group of persons aggrieved by any policy decision of the government can protest in a peaceful manner in the form of their choice. But, as the Supreme Court has said, this right comes with responsibilities. Just like the right to freedom of speech and expression is not absolute, so the right to protest is also not unbridled. To highlight one’s grievance, one cannot trample upon the rights of others.

It is often seen that the general public suffers a lot when protestors take over public spaces either in the heart of the city, forcing closures of link roads which in turn entails longer commutes, or in other localities where barricading, loudspeakers and constant movement of unwanted elements cause discomfort and fear. Any protest movement that goes on for months, like Shaheen Bagh or the farmer's protests now, cannot be allowed in places where it causes maximum discomfort to the general public.

Although the Supreme Court order is welcome, is it really enforceable? If Covid had not happened, was it possible for the Centre to remove the shamianas at Shaheen Bagh without confrontation with the protestors? Such confrontation could have easily gone out of hand leading to injuries and even deaths. Is it possible for the government to remove the protesting farmers now from Delhi's borders? At another level, if ruling parties in any state allow their constituents to hold protests against the Centre in the heart of the state capitals inconveniencing many, who is going to complain?

The best way to curb this practice of protestors grabbing public spaces is either for the legislature to enact Places for Protest Act where each district will have to specify one or more places where protests could be held (care should be taken that the places selected should cause least inconvenience to others) or, in the absence of that, for the Supreme Court to direct the Centre and the states to immediately specify such spaces in each district. After that, no protest can be held at any other place in that district and any assembly outside the designated places should be immediately dispersed by the local police.