Skip to main content

Right to protest in India

 Right to protest in India

As you have seen during the farmers protest as many farmers froms different states were protesting against the farm law 2020 marching towards the capital city from Punjab and Haryana many newspapers and news channels reported it there was section of those who categorized it as a conspiracy while others described it as a genuine struggle to prevent the environment of the bill because of it flaws.

Right to protest 

The main purpose of protest is to show disapproval against the policies or enactments of the state government or organization by the people or a group the majority of protests are driven by a political narrative which is a driven force by the people to compel the government to address their issues and take steps to resolve it In general, protests work in two ways. First, it shows the community or group, or individual that they disagree with the policy, and second, it helps governments identify their own shortcomings and work to make them better.

Historical origin of protest in India

  • Indian protests have a long and illustrious history. In the past 72 years, India was a colony ruled by the Britishers

  • After independence, the people of that country became free citizens after a long series of protests by freedom fighters.

  • Mohandas Karamchand Gandhi and Known also as the father of the Indian nation, Mahatma Gandhi taught Indian citizens how to protest peacefully.

  • Whether it was the Swadeshi Movement of 1905 or the Satyagraha of 1930, these movements have shaped the history of the nation as a peaceful protest against colonialism.

  • Indians fought tirelessly to express their views on colonial policies and to show dissent against British colonization and to speak out against the government.


Constitutional framework of right to protest 

In  a country where vote based system is prevalent people should adhere to the constitutional principles before exercising their right to dissent 

  • Under article 52A of the constitution it is an obligation for every individual is to avoid destruction of public property and violence in a public protest 

  • Under article 19(1)(a)  every citizen is granted right to freedom of speech and expressions

It holds viewpoint that every individual is granted freedom of speech and expression including the right to protest peacefully subject to some reasonable restrictions

  • The right to assemble peaceably on article 19(2) imposes reasonable restrictions and without weapons and to freedom of speech and expression as none of these rights are utter in nature.

  • The sensible restrictions are obligatory in the welfare of the sovereignty & integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morals, or in relation to the disdain of court, offense, or incitement to an offence.

Conclusion

It is not only a fundamental right granted by the Indian Constitution but also a moral duty to protest injustice. By now, it is pretty obvious that the constitution safeguards the Right to Protest. In some instances, it can be considered a treasure to secure the right of free expression and peaceful protest, and it should be protected at all times.


However, these rights are not absolute and should be subject to reasonable restrictions as provided under Article 19(2), which is crucial for the sovereignty and integrity of the country. Fundamental rights do not exist in isolation, and the rights of protestors and commuters need to be balanced together.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more