right to protest: Supreme Court to issue guidelines on right to protest while addressing the right to free movement


New Delhi: The Supreme Court has said that it would lay down the law to balance a citizen’s right to protest with another’s right to free movement. Dealing with a petition filed against the Shaheen Bagh protests, the bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari said that the right to protest was not absolute.

“Right to protest is not absolute, but there is a right… In a parliamentary democracy, there is always an avenue of debate. Protests can be done peacefully,” Justice Kaul said. The court would address the need to balance the right to protests with the right of others to free access and movement, he said.

The bench was dealing with pleas which sought to highlight the inconveniences to commuters and massive traffic jams created in the capital city caused by protests.

The SC has in a series of rulings long held that the right of people to protest in a democracy was sacrosanct. The executive cannot close down any area permanently for protests or impose a blanket ban on all protests, it had said.

It has also gone to the extent of saying that the state must aid protestors in their enjoyment of this right while regulating the right to protest by laying down the time, place, etc. where citizens could protest. The right cannot be defeated by a blanket ban of any sort on protests, it had held.

However, Monday’s remarks hint to a nuancing of this stand and balancing with another’s right to free movement and access. The Modi government had in its submission said that the people had a right to protest peacefully but it should not cause inconvenience to the public. The Shaheen Bagh protests were blamed for blocking key roads in the area.

Anti-CAA/NRC protestors have since been blamed for instigating riots in Delhi and many have been arrested for the alleged offence. The protests continued for over 100 days before the pandemic forced the protestors to disperse.





Source link

Share This Post

Share on whatsapp
Share on facebook
Share on twitter
Share on pinterest
Share on reddit
Share on telegram
Share on email
Share on linkedin
Share on print

Leave a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

More to Explore

Want to Write Such Blogs?

Just Fill in Your Details to get started

Want to Write such blogs?

Join in like all our authors and be a part of this community

small_c_popup.png

Hello

We are happy you are here

[wppb-login]

Oh No!

It seems like you have forgotten your password. Don’t worry tell us your email id or username and we’ll try to help
Share on whatsapp
Share on twitter
Share on facebook
Share on pinterest
Share on reddit
Share on telegram
Share on email
Share on linkedin
Share on print
error: Alert: Content is protected !!
Secured By miniOrange