FARMERS' PROTEST: EXERCISE YOUR RIGHTS WITHOUT INFRINGING ON OTHERS' FREEDOM

At midnight on 15 August 1947, the members of the Constituent Assembly gathered to witness India's independence. Subsequently, the Constituent Assembly adopted the Constitution of India in 1950.

- ASHISH SINHA

The question arises how did the new constitutional system provide the right to protest to the free citizens of a free country? 

The framers of the Constitution preserved the benefits of democracy and civil liberties, such as freedom of speech and expression, which were not recognized and protected by the British rulers. The framers of the Constitution acknowledged that there is a tradition in the political life of India of expressing grievances through peaceful protest.

'Democracy' is a government-run by popular public opinion. Therefore, the means and resources for forming public opinion should be safe for the people of a democratic nation. Thus, it was necessary for the new India to include the right to protest peacefully among the fundamental rights.

Therefore, the freedom of speech and expression under Article 19(1)(a) and the right to assemble peacefully without arms under Article 19(1)(b) of the Constitution are the cornerstone of the Constitution of India.

Further, specifically Article 19(1)(c) and Article 19(1)(d) respectively give the right to form an association or union and to move freely throughout India. These articles have given wide rights to protest to Indian citizens. That is, any citizen or citizen or group of citizens living within the geographical boundaries of India can reach the national capital and protest.

Protests in India mainly include dharnas, demonstrations, strikes and bandhs. If non-violent, these forms are considered as expressions of freedom of speech and expression, peaceful assembly and association and a free movement throughout the territory of India.