Right to protest in India: Is it a Fundamental Right

Right to protest in India: Is it a Fundamental Right?

Subject: Polity

Context : Delhi High Court rebuked the Delhi Police for “casually” invoking provisions of the anti-terror law against the three accused, who had protested against the enactment of the Citizenship Amendment Act (CAA), noting that the line between the constitutionally guaranteed “right to protest” and “terrorist activity” had been blurred.

Concept:

Right to Protest

• The right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.
• The Constitution of India provides the right of freedom, given in Article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.
• The Right to protest peacefully is enshrined in 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.
• Article 19(2) confers the right on the State to impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of,

Sovereignty and integrity of India,

Security of the state,

Friendly relations with foreign states,

Public order, decency or morality,

Contempt of court, defamation, and incitement to an offence.