The Supreme Court of India on Monday made a significant observation regarding the democratic fabric of the nation, asserting that the right to peaceful protest is a constitutional guarantee that can't be denied to citizens. During the proceedings, the apex court indicated its intention to consider the formulation of a comprehensive protocol that would be applicable across the entire country to manage peaceful demonstrations. This move aims to balance the fundamental rights of citizens with the necessity of maintaining public order and safety.
Constitutional Mandate and Judicial Observations
A bench comprising Chief Justice of India (CJI) Suryakant, Justice Joymalya Bagchi, and Justice V. Mohana emphasized that the framework of the Indian Constitution explicitly protects the right of individuals to gather and protest peacefully. The CJI remarked that because an agitation is taking place, it doesn't provide a justification for police excesses. The court's comments underscore the principle that state authorities must exercise restraint and adhere to legal boundaries even when managing large-scale public movements.
Context of the Petitions
The observations came during the hearing of various petitions alleging police brutality and excessive use of force. These petitions specifically highlighted incidents involving students who were protesting against the NEET-UG paper leak and other irregularities within the education and examination systems. The petitioners alleged that the police used lathi-charge and tear gas against students who were exercising their right to protest against systemic failures. Senior advocates Gopal Sankaranarayanan, Colin Gonsalves, and Vikas Singh appeared on behalf of different petitioners seeking action against the police personnel involved in the alleged attacks on students.
Concerns Regarding Violence Against Police
While championing the right to protest, the Supreme Court also expressed grave concern over reports of violence directed at law enforcement officers. During the hearing, a lawyer mentioned a separate petition detailing instances where an unruly mob brutally attacked police personnel and their families. Justice Joymalya Bagchi noted that injuries sustained by the police are equally a matter of concern. The bench indicated that it might seek a response from the state regarding why adequate security measures weren't implemented to protect the officers on duty.
The Need for a Nationwide Protocol
The Chief Justice of India proposed that a uniform protocol should be established for peaceful protests across the country. The CJI stated that when someone wishes to agitate in a peaceful manner, there must be a protocol in place, including the provision of appropriate designated spaces for such activities. The court clarified that while peaceful protesters should face no obstacles, the authorities should retain the facility to deal with anti-social elements who might infiltrate such movements. The bench emphasized the need for a consistent approach and the creation of necessary guidelines to ensure uniformity in how protests are handled nationwide. The matter is scheduled for its next hearing on Tuesday.