The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
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1.1 Does the government agree with the protestors or not?
2.2.1 discussion of public matters in absolutely essential.’’
Protests in India have a long and eminent history. Until 72 years ago, India was a colony ruled by Britishers where the Indians did not had any rights that are why after independence they were given fundamental rights so that citizens can raise their voices and demands. The Indian people fought hard and long to publicly express their views on colonial policies and laws, to dissent them, to shape minds and to shape public opinion against them, to speak and to oppose the government, to challenge it.
Citizens are an integral part of the country whose rights and freedom must be protected by law because a country cannot function without its citizens. The question is whether these protestors have a risk of legal action or not? If yes, what are the protections available to them? Whether these protests are a risk to democracy of India?
Dissent, Protests, Movement is nothing new in India so, be it Quit India Movement, Swadeshi, Satyagraha these movement have help in shaping a free India. Post- Independence protests like Andhra Movement in 1952 the outcome of which was formation of Andhra Pradesh state, Anti-corruption protest by Anna Hazare in 2011, Nirbhaya Movement in 2012 to ensure the safety of the women are some of the examples of how protests have played an important role in our history. So, after analyzing history, it can be said that there is no better way to challenge any government policy and laws, protesting peacefully is one of the best ways to express opinions of people
and speak out against the government when necessary.
A protest is a way of expressing disapproval or objection to any action, statement or policy of a government or an organization that wants to accuse a group of people against themselves. Most of the time, the protest is about political issues that demonstrators collectively organize to make their views and demands heard by the government and
also to influence other citizens to support them.
The purpose behind organizing a protest is to publicly interrogate the government about an action or policy and to have them systematically give the same answer. The protest also helps the government to identify their loopholes in their actions leading to the improvement of their works.In a democratic system, such a peaceful protest is the basic characteristics that can be criticized by the population by giving people
the right to raise their voices and express their feelings on any issue of social or national interest.
The word Protest has not been specifically mention in the Constitution of India. Article 19(1)[1] of the Constitution strongly protects this right of the citizens. The right to protest peacefully is guarante by the Constitution under Article 19(1)
(a), (b), (c) whereby it is specifically mention that all citizens shall have
the right to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions. However these rights are not absolute in nature there are certain reasonable restrictions which have been specified
In the case of Ramlila Maidan Incident v. Home Secretary, Union of India & Ors. (2012)[3], the Supreme Court had stated, “Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action.’’
It was in Maneka Gandhi vs. Union of India that Justice Bhagwati has said, “If democracy means government of the people by the people, it is obvious that every citizen must be entitle to participate in the democratic process and
in order to enable him to intelligently exercise his rights of making a choice, free & general
In Mazdoor Kisan Shakti Sangathan vs. Union of India[4], the SC directed the police authority to frame rules and proper and appropriate guidelines. for limited use of Jantar Mantar area for protests and laid down a few factors to be considered while considering whether or not to permit protests, such as the likely obstruction to traffic, any likely offences against public tranquility and damage to public safety etc.
It is critical to remember that all protests are legal only if they are non- violent and carried out with appropriate permissions. Article 51A makes it a fundamental duty for every person to safeguard public property and to avoid violence during the protests and resorting to violence during public protests results in infringement of key fundamental duty of citizens.On one hand where
the Constitution provides the citizens with the right to protest, it also provides
the administration the power to impose certain restrictions on it to maintain a balance. The legal provisions available to the police for handling agitations, protests, and unlawful assemblies are cover by:
The Right to protest is one of the core principles on which democracy survives and thrives. The government must respect and, in fact, encourage the exercise of these rights. It is the state’s obligation to assist in the exercise of the right to freedom of expression as understood in its overall sense and not to interfere with the exercise of that right by exercising its executive or legislative powers or by adopting orders or taking steps to limit that right in the name of reasonable restrictions. Thus, the right to protest is an essential element of democracy to bring about reforms and
lead to the development of the country. However, when a protest turns violent, as seen in some places in recent protests, it defeats
the very purpose of the protest. While enjoying the rights, one must adhere to one’s duties and responsibilities in a democratic society.
[1] INDIAN CONST. art 19, cl.1
[2] INDIAN CONST. art 19, cl.2
[3] Ramlila Maidan Incident v. Home Secretary, Union of India & Ors. ,W.P Crl No. 122 of 2011
[4]Mazdoor Kisan Shakti Sangathan vs. Union of India W.P.(CIVIL) NO. 1153 OF 2017
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