Is staging a protest legal in India: What rights, restrictions the law gives

The police cracked down on the Cockroach Janta Party (CJP) and its supporters on Monday as thousands joined the planned march to Parliament 

Under what laws is a protest permitted in India?

• The right to stage a protest is protected under the Fundamental Right to Freedom. 
• Under Article 19 (1) (a) and (b), citizens have the right to “freedom of speech and expression”, and to “assemble peaceably and without arms.”
• These rights are subject to “reasonable restrictions” 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.” 

The general practice to regulate a protest in India  

• Designating specific places for holding protests.
• Making prior police permission mandatory.
• Imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, formerly Section 144 of the CrPC.

Constitutional Right to Peaceful Protest

• Peaceful protest is an important feature of India’s democratic system.
• Article 19 of the Constitution guarantees citizens:
  • The right to assemble peacefully and without arms.
  • The right to form associations and unions.
• The Supreme Court has recognised the right to peaceful protest as a constitutionally protected right.
• However, this right is not absolute and may be subjected to reasonable restrictions in the interest of public order and the rights of others.

Regulation of Protests in India
The common administrative measures used to regulate protests include:

• Designating specific places for demonstrations.
• Requiring prior permission from the police.
• Regulating the number of participants, timing and route of protest.
• Imposing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, which replaced Section 144 of the CrPC.
• Prohibiting protesters from carrying weapons or dangerous objects.
• Preventing prolonged obstruction of roads and public spaces.

India’s Position at the UN Human Rights Council, 2021

• At the 47th Session of the UN Human Rights Council in Geneva, India described peaceful assembly and marches as a cherished aspect of its inclusive political life.
• Organised and non-violent mass movements were highlighted as an important instrument of India’s freedom struggle.
• India stated that the government seeks to balance:
  • Citizens’ right to peaceful assembly and association.
  • The State’s duty to protect life, safety and public order.

Supreme Court Judgments on Right to Protest

• Himat Lal K. Shah v. Commissioner of Police (1973): Peaceful assembly is essential to democracy. The State may reasonably regulate protests in public places but cannot impose arbitrary restrictions.
• Mazdoor Kisan Shakti Sangathan v. Union of India (2018): The Court upheld regulation of protests through limits on participants, distance from sensitive locations and prohibition of weapons, while clarifying that regulation must not become a total ban.
• Amit Sahni v. Commissioner of Police (2020): Protests should be held at designated places. Public roads cannot be blocked indefinitely, and the right to protest must be balanced with the rights and movement of other citizens.