Context:

The recent proliferation of protests and grassroots movements points to increased public discourse on politics and human rights. The ongoing farmers’ protest is one example of an energized population eager to invoke change in the country.

Are Protests legal

• All protests are legal only if they are non-violent and carried out with appropriate permissions.
• Fundamental duties (Article 51A) that are enshrined in the constitution require that the rule of law is followed and that public property is not destroyed.
• The right to protest peacefully is derived from the Indian Constitution under Article 19.

Article 19 (1) Reasonable restriction

• Article 19(1)(a) guarantees the freedom of speech and expression
• sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense
• Article 19(1)(b) assures citizens the right to assemble peaceably and without arms.
• sovereignty and integrity of India or public order
• Article 19(1)(c) assures citizens the right to form associations or unions
• sovereignty and integrity of India or public order or morality.

SC’s decision on Right to Protest

• In the case of RamlilaMaidan Incident v. Home Secretary, Union Of India &Ors., the Supreme Court had stated, Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action.

Right to protest in Public Places

• In ShaheenBagh’s verdict, the top court has held that the right to protest in public places is not absolute in law. Public places cannot be occupied indefinitely.

EIU Democracy Index

• India dropped 10 places in the latest Democracy Index released by the Economist Intelligence Unit, in January 2020 and retained its status as a “flawed democracy”.
• The country was ranked 51 on the index for 2019 – its lowest since the rankings began in 2006.
• The country was ranked 42 in 2017 and 41 in 2018.