A Fine Balancing Act

While the right to protest is a fundamental one, it is difficult to determine where such right begins and where it ends. The distinction line between a peaceful protest and one with apprehensions of violence is thin

- Parveen Kumar Aggarwal and Pareekshit Bishnoi

DEMOCRACY is a form of government, which is of the people, by the people and for the people. Un doubtedly, the term “people” cannot denote “silent people”, but also those with the right to speak and speak not only what is favourable but what is unfavourable or dissenting. Sans this, democracy would just be a sham.

This debate was fuelled recently when Khalid Saifi, arrested under the Unlawful Activities (Prevention) Act (UAPA) in connection with the northeast Delhi riots, told a local court that he has every right to protest. Saifi and several others were booked for the February 2020 riots.

The apex court has made its stand clear about the right to protest in many cases. In Anita Thakur vs State of J&K (2016), the Court acknowledged the right to protest as fundamental right. It observed that “holding peaceful demonstration in order to air their grievances and to see that their voice is heard in the relevant quarters, is the right of the people”. Similarly, in Mazdoor Kisan Shakti Sangathan vs Union of India, (2018), the Court observed that right to protest is a fundamental right and, in a democracy, it is crucial to create an informed citizenry and make a participative democracy wherein the flaws in governance can be discussed and dissented.

However, the question which often arises is how far can this right to protest be exercised. First, and as is generally understood, the right to protest can be exercised only to such an extent as it does not offend the sovereignty and integrity of India, the security of the State, friendly relations with For eign States, public order, decency or morality or in relation to contempt of court and defamation or incitement to an offence, or in other words, it does not offend the grounds mentioned in Article 19(2) of the Constitution.