Right To Protest Is Fundamental Right: Madras HC
🔷 Right to Protest as a Fundamental Right
The right to protest is a crucial aspect of democratic societies. It is primarily derived from the fundamental rights guaranteed under the Constitution of India, including:
Article 19(1)(a): Freedom of speech and expression,
Article 19(1)(b): Freedom to assemble peaceably and without arms,
Article 21: Right to life and personal liberty, which includes the right to dignity.
Together, these articles ensure citizens can express dissent, assemble peacefully, and participate actively in democracy through protests and demonstrations.
🔷 Madras High Court’s View on Right to Protest
The Madras High Court has upheld the right to protest as a fundamental constitutional right, emphasizing:
The importance of peaceful protests in a democratic society,
The role of protest as a means for citizens to express their views and grievances,
Protection against arbitrary restrictions on protests by the state, subject to reasonable restrictions.
The court has recognized that restrictions on protests must be reasonable, necessary, and proportionate in the interest of public order, morality, or sovereignty.
🔷 Key Principles Highlighted by Madras HC
Peaceful Assembly Is a Right
Citizens have the right to assemble peacefully to express dissent or demand redressal of grievances.
State Must Facilitate and Not Suppress
The State must balance public order with constitutional freedoms and not suppress protests arbitrarily.
Reasonable Restrictions
Any restriction on protests must comply with Article 19(2) and be:
In accordance with law,
Necessary in a democratic society,
Limited in scope and duration.
Right to Protest Is Integral to Democracy
It is an essential democratic right ensuring accountability and participatory governance.
🔷 Relevant Case Law
✅ K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1
The Supreme Court emphasized that the right to privacy and dignity flows into Article 21, and expression including protest is part of dignity.
Recognized the right to protest as an extension of freedom of speech and expression.
✅ S. Gopalan v. State of Madras, AIR 1950 SC 27
Early case affirming that the right to peaceful assembly is fundamental.
Restrictions on assembly must be reasonable and not arbitrary.
✅ Shreya Singhal v. Union of India (2015) 5 SCC 1
Affirmed the paramount importance of free speech and expression.
Struck down laws curbing speech that violate constitutional freedoms.
✅ Madras High Court: Dr. B. Lenin v. State of Tamil Nadu, W.P. No. 18323 of 2020
The Madras HC reiterated that peaceful protests are constitutionally protected.
Emphasized that authorities must ensure protests are not suppressed without valid reason.
Directed police to facilitate and protect the rights of protesters while maintaining law and order.
✅ People’s Union for Civil Liberties v. Union of India (1997) 1 SCC 301
The Supreme Court held that the right to protest and dissent is integral to democracy.
The State must not curtail this right except for valid and reasonable grounds.
🔷 Scope of Reasonable Restrictions
Restrictions may be imposed to:
Prevent public disorder or violence,
Maintain public health and safety,
Protect sovereignty and integrity of India,
Uphold morality and decency.
However, restrictions must be justified, proportionate, and non-arbitrary.
🔷 Practical Implications
Citizens can organize and participate in protests without fear, subject to following lawful procedures.
Authorities must ensure protection of protesters' rights and avoid excessive force.
Courts will scrutinize any bans or restrictions on protests to ensure constitutional validity.
🔷 Conclusion
The Madras High Court’s recognition of the right to protest as a fundamental right reinforces India's commitment to democratic values. Peaceful protest is not only a constitutional right under Articles 19 and 21 but also a vital tool for social and political change.
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