Saturday, 28 May 2022

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.




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