National Investigation Agency (NIA) and Right to Protest

National Investigation Agency (NIA) and Right to Protest

Subject: Central agencies/Fundamental rights

Context: NIA sent notice and summons to various farmers’ leaders during ongoing farmer sprotes under sections of IPC and UAPA.

Concept:

Right of protest of citizens and to gather peacefully without arms is a fundamental aspect of India’s thriving democracy, though it has to exercised without destroying public properties and sufferings to the citizens. It can be derived from following constitutional provisions.

• Article 19(1)(a) guarantees the freedom of speech and expression.
• Article 19(1)(b) assures citizens the right to assemble peaceably and without arms.
• Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms.
• Reasonable restrictions: In the interest of 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 offence.
• Article 51A, the Constitution makes it a fundamental duty of every citizen “to safeguard public property and to abjure violence”
• Ramlila Maidan Incident v. Home Secretary, Union Of India case (2012): Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action

About NIA:

Concept:

• NIA was constituted under the National Investigation Agency Act, 2008 as the aftermath of the Mumbai Terror attack of 2008.
• The National Investigation Agency (NIA) acts as the Central Counter-Terrorism Law Enforcement Agency.The agency is authorised to investigate any terror-related matter across the country without special permission of the states.
• The National Investigation Agency aims to be a thoroughly professional investigative agency matching the best international standards.
• The NIA aims to set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce.
• NIA aims at creating deterrence for existing and potential terrorist groups/individuals. It aims to develop as a storehouse of all terrorist related information.