Right to Protest

28th October, 2021 Polity

Figure 3: No Copyright Infringement Intended

Context:

The Supreme Court said farmers had the right to protest, but roads cannot be blocked indefinitely (impeding the right of citizens to commute without hindrance).

Right to Protest: Although the Right to Protest is not an explicit right under the Fundamental rights, it can be derived from the Right to Freedom of Speech and Expression under Article 19.
Article 19(1)(a): The Right to free speech and expression transforms into the right to freely express an opinion on the conduct of the government.
Article 19(1)(b): The Right to association is required to form associations for political purposes. These can be formed to collectively challenge government decisions.
Article 19(1)(c): The Right to peaceably assemble allows people to question and object to acts of the government by demonstrations, agitations and public meetings, to launch sustained protest movements.
These rights, in cohesion, enable every citizen to assemble peacefully and protest against action or inaction of the State.
Right to Protest ensures that people can act as watchdogs and constantly monitor governments' acts.
It provides feedback to the governments about their policies and actions after which the concerned government, through consultation, meetings and discussion, recognizes and rectifies its mistakes.

The Supreme Court hearing the plea regarding Shaheen Bagh Protests in 2019, upheld the right to peaceful protest against the law but also cleared that public ways and public spaces cannot be occupied and that too indefinitely.
SC referred to its 2018 judgment in the Mazdoor Kisan Shakti Sangathan vs Union of India and Another case, which dealt with demonstrations at Delhi's Jantar Mantar.
The judgment tried to balance the interests of local residents with those of protesters to hold demonstrations and directed the police to devise a proper mechanism for limited use of the area for peaceful protests and demonstrations and to lay down parameters for this.
In Ram lila Maidan Incident v. Home Secretary, Union Of India & Ors. case (2012), 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".

Firstly, Right to protest is an essential element of democracy to bring about reforms and lead to the development of the country.
Second, Protesting against injustice is not only a constitutional right of the citizens but also their moral duty.
Third, Active exercise of Right to protest ensures people’s role as watchdogs that constantly monitors government’s acts and ensure fairness in them.
Fourth, it is the biggest weapon of people when the government in a democratic country becomes unresponsive and refuse to listen to them.