Right to Protest Vs Right to Mobility.

This is not the first time we have seen the “Right to Protest” on the forefront. Several demonstrations in the past have led to many changes to the constitution. For instance, Bengal Partition, the satyagraha, Non cooperation movement, Quite India Movement, 1920 Jawaharlal Nehru gave call of Purna Swaraj. Democracy and Dissent go hand in hand.

From the legal angle, the Constitution of India, guarantees the right to peaceful protest, which is strongly protected under Article 19, though the word “protest” is not mentioned explicitly:

• Article 19(1)(a): Freedom of Speech and Expression.

• Article 19 (1)(b): Right to protest peacefully without arms.

• Article 19 (1) (c): Right to form associations and Unions.

However these rights are not absolutes rights and subject to certain limitations. Reasons of restrictions – Public Order, Defamation, Incitement to an offence and many more.

If people were given complete freedom without any control, it will negatively affect society. Keeping in mind Article 51A ie. The duty of every citizen of India. The protest should be peaceful.

The Supreme Court on Monday said Right to Protest of one section has to be in balance with others’ Right to Mobility on a public road, as everyone has the right to move from one place to another and this right cannot be prejudiced by blocking a public road to hold protests.

Landmark Case:  Amit Sahni v. Commissioner of Police and Ors.

Recently, the Supreme Court answered a much-disputed question of drawing the balance between the right to protest and the protection of people’s public rights through its judgment in this case. Although, the judgment came as a response to the Shaheen Bagh protests in Delhi against the Citizenship (Amendment) Act, 2019, yet its importance directly relates to the maintaining of an effective relationship between democracy and dissent.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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