By Dr AK Srivastava
“I wish to suggest that ample opportunity does exist for dissent, for protest, and for nonconformity. But I must also say that the right to be heard does not automatically include the right to be taken seriously.” — Hubert Humphrey, senator and vice president.
The most famous definition of democracy says that it is ‘the government of the people, by the people and for the people’. People should exercise their right to vote and also keep a vigilant track of the policies and functioning of the government for the constant progress and development of the country. If things go wrong, citizens have the right to protest in order to protect the interest of the nation and fellow citizens. In our constitution, the right to protest is not mentioned explicitly, yet it flows from or is guaranteed by Article 19, which allows us freedom of expression. We can express our opinion in favour or against the policies of the government. We can also air our grievances or dissent with the policies of the government through peaceful protest. We have the right to assemble (without arms) and protest against any decision or policy of the government. The constitution gives us the right to assemble peacefully or form an association in order to raise our voice in a matter of public interest.
Freedom or independence requires many responsibilities. According to article 19 (2), freedom of expression is not unconditional or without any restrictions. Our freedom ends where others’ noses begin. Our protest, language and oratory should not go against the integrity and security of India, and we have no right to go against the interest of the nation, its foreign policies or public order. We have the right to assemble without indulging in any violence or damaging the government or private property. It is important that we safeguard the freedom and fundamental rights of fellow citizens and do not do anything that prevents them from practicing their fundamental rights. Under no circumstances our protest should turn violent, causing harm or injury to the common person.
It is really mandatory for the protestors or an organisation that wishes to stage a protest to obtain proper permission from the police authorities. The permission may or may not be given depending on the circumstances, nature of the protest and public interest. In such matters, competent police authorities take suitable decisions. The permission can be revoked also if the authorities feel that the protest may turn violent or result in damage to public and private properties. The Bhartiya Nagarik Suraksh Sanhita permits the authorities to use their wisdom and revoke any such permission if they feel that the agitation is crossing decency and may turn dangerous.
Here it is important to note that law and order is a state subject. Hence, appropriate restrictions can be imposed by police. Similarly, limited or proportionate force can be employed to restrict any public loss or injury.
The protest can be staged only in an allotted place and not anywhere as per the sweet will of the protesters. They cannot occupy or highjack any public property or roads permanently to stage their protest. No protest can create obstruction, causing injury and creating disturbance to the common people. The Supreme Court has made such observations many times in this direction.
The protestors also have some rights if they are arrested or taken into custody. First of all, the police should inform their family or friends of their arrest. The protestor has liberty to hire an advocate and get the copy of the charge sheet so that he or she can seek further legal assistance. In the event of any injury, he/she should get appropriate medical assistance. A woman cannot be arrested between sunset and sunrise, i.e., 6 p.m. to 6 a.m. If it is really essential to arrest a woman, the proceedings should be carried out by a lady officer.
Finally, we can say that the right to dissent or protest is important in a democratic country. But decencies and reasonable restrictions should be observed by the protestors so that they do not cause any inconvenience to the common people. Also, all rules and regulations should be adhered to in order to avoid any legal flaw in the whole process.
“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.” — Elie Wiesel, Holocaust survivor and activist.
(Dr AK Srivastava is ex-Principal, DAV Intermediate College, Dehradun.)
