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Mahatma Gandhi  “If we are to receive self-government, we shall have to take it”

INTRODUCTION

In a free society,  Protests play a vital role to shape the civil, political and economical societies. Public protests are an emblem of a free, or democratic society. Every citizen has a right to heard by those who are in power and convey their proposal with proper discussion and consultation. In order to participate in Protest, freedom of speech & expression, dissent opinion, and peaceful assembly. It strengthens the public to share view on policies and to expose flaws of government. It gives opportunity to have a say in public life. This could make the government more accountable towards its citizens.
However, all around the world government, we are acknowledging that apart from protecting the right of the protesters they are using excessive force to silence their voice by arbitrary arrest, detention, and other forms of intimidation. They are using all method to crack down who is critical to the government. On the other hand, imposing Section 144 of IPC – shows the incompetencies of the government to tolerate dissent.

Look At as Law perspective:
1. Indian Constitution, under Article 19 (1)(a) & (b) mention that the right to freedom of speech & expression, association and peaceful assembly without arms is a fundamental right.
2. Article 19 (2) imposes reasonable restrictions on right to assemble peaceful the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
3. In the case of  Ramlila Maidan Incident v. Home Secretary, Union Of India & Ors.  (2012), 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.”
4. In the case of Railway Board v. Niranjan Singh. The Supreme Court observed limitation on the right to protest. It stated that One’s right to protest/assemble does not extend to someone else right to property.Historical background of protest:

1. In India, We have a long history of peaceful protest. Mahatma Gandhi, the father of the nation taught people of this country how to gain freedom with Non-violence or peaceful protest.

2.  At the time of emergency. We saw how the fundamental right of citizens we were abolished. Whoever was protesting against the arbitrary decision of government sent them to jail.

3. Peaceful protest is the voice of voiceless and we have seen several changes happen in India because of the protest. Such as in Nirbhaya case, the government had amended ” The criminal law amendment act (2013)”, Chipko Andolan, Narmada Bachao Andolan. etc.Conclusion:

I conclude this article by stating that Right to protest is really important for a healthy democracy. however, it should happen in a peaceful manner and for the public interest.

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