Ranveer Singh Rathore, SSLG, Jaipur National University Aishwarya Sharma, University Five Year Law College, Rajasthan University Girraj Sharma, SSLG, Jaipur National University
“Protest beyond the law is not a departure from democracy; rather is it is absolutely essential to it.”
~ Howard Zinn
What had made some great civilizations and ruined the others is nothing but the power of association among mankind and its thoughts. Those rebellious notions for one segment of society can evolve into a revolution encompassing the whole. In a robust democracy, albeit considered as one of the best form government thus far, citizens still find themselves having to fight for what they rightfully deserve, and for what is unjustly denied to them.
The right to freedom of assembly as has been eloquently outlined under Article 19 (1)(b) as right to assemble peaceably and without arms, in addition to the freedom of forming associations or unions under Article 19(1)(c). Both of which are coterminous with the freedom to protest, which notwithstanding the fact, that it is not explicitly mentioned in the Indian Constitution or most of the constitutions of the world, it derives its existence from the above mentioned provisions and clarity from precedent judgments.
The Hon’ble Supreme Court of India in one such matter of Himat Lal K. Shah vs. Commissioner of Police, Ahmedabad, 19731 held that peaceful demonstrations and protests are a legitimate form of exercising the fundamental rights to assemble peacefully and without arms guaranteed under article 19(1) (b) of the Indian Constitution. The court emphasized that the state cannot curtail this right unless it is necessary to prevent disorder or violence.
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