Beyond Disha Ravi's Arrest - Right To Protest in India Explained - News Analysis News

2/25/2021 Beyond Disha Ravi's arrest: Right to protest in India explained - News Analysis News
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Beyond Disha Ravi's arrest: Right to protest in India explained

The right to protest in India flows from the fundamental right to speech and expression,
assembly peacefully and without arms, and form associations and unions, guaranteed
by the Constitution.
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Prabhash K Dutta 
New Delhi February 15, 2021 UPDATED: February 15, 2021 17:34 IST
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https://www.indiatoday.in/news-analysis/story/beyond-disha-ravi-arrest-right-to-protest-in-india-explained-1769392-2021-02-15 1/11
T
he arrest of 21-year-old climate activist Disha Ravi by the Delhi Police has led to furore
over social media with politicians and activists criticising the Narendra Modi government
for the action. Disha Ravi was arrested for allegedly "editing" and "sharing" with teenage
climate activist Greta Thunberg a Google doc file that is being called the "toolkit" to intensify
the protest by the farmers' unions against the Narendra Modi government over the new farm
laws.
Greta Thunberg is among the international celebrities, who have posted tweets in support of
the protest by the farmers' unions at Delhi borders. In a Twitter post that Greta Thunberg
deleted, she shared a "toolkit".
Police have said pro-Khalistani groups have taken advantage of the farmers' protest to launch
a campaign against the government in the international arena. The Delhi police have called
Disha Ravi "a key conspirator" accusing her and others of having "collaborated with pro-
Khalistani Poetic Justice Foundation to spread disaffection against the Indian State".
But the police action led many to comeback at the government and the Delhi police arguing
that Disha Ravi and other activists were protected by the fundamental right to protest given
by the Constitution.
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What is the right to protest?
Following the military coup in Myanmar recently, India issued a statement in Geneva at the
29th Special Session of Human Rights Council, telling its eastern neighbour: "The right to
protest peacefully is an integral part of the democratic ethos."
It is the same principle that is enshrined in the Constitution of India. The right to protest in
India flows from the fundamental right to speech and expression, assembly peacefully and
without arms, and form associations and unions, guaranteed by the Constitution, which
accorded it very high position following the experience of long freedom struggle against the
British.
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How supreme is the right to protest?
This right is not absolute. Section 144 of the CrPC provides for the imposition of prohibitory
orders to check protest at public places under certain conditions.
It allows the government to take pre-emptive steps by detaining protesters before

transporting them to other places, arresting them, registering FIRs, and permits use of force
to clear a public place. It can be used in urgent cases of nuisance.
Just like the right to protest, Section 144 also had its origin in the British rule. But despite the
Constitution giving citizens a right to protest, the government was not deprived of a tool to
check "nuisance".
What has Supreme Court said?
The Supreme Court has over the years tried to maintain a balance between the right to Listen
protest and the government's power to strike down at the agitators. In a 1973 case of Himat
Lal K Shah vs Commissioner of Police, the Supreme Court gave tow key rulings.
The citizens cannot stage a protest by forming unions and associations at "whatever place
they please". At the same time, it held that the government "cannot by law abridge or take
away the right of assembly by prohibiting assembly on every public street or public place".
In 1989 case of S Rangarajan vs Jagjivan Ram, the Supreme Court said, "Our commitment to
freedom of expression demands that it cannot be suppressed unless the situations created by
allowing the freedom are pressing and the community interest is endangered."
On the question of "danger", the Supreme Court said, "The anticipated danger should not be
remote, conjectural or far-fetched. It should have proximate and direct nexus with the
expression."
In 2011 case of Re-Ramlila

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of speech and expression as the essence of a democratic system.
of speech and expression as the essence of a democratic system.
The Supreme Court said, "There could be no expression without these rights. Liberty of
thought enables liberty of expression. Attainment of the preambled liberties [of thought,
expression, belief, faith, and worship] is eternally connected to the liberty of expression."
In Shaheen Bagh and farmers' protests
In 2020, in relation to the Shaheen Bagh protest over the Citizenship Amendment Act (CAA),
the Supreme Court in Amit Sahni vs Commissioner of Police case said public places cannot be
occupied indefinitely. Such occupation of public places through protest "is not acceptable and
the administration ought to take action to keep the areas clear of encroachment or
obstructions".
The Supreme Court, however, clarified that: "Democracy and dissent go hand in hand, but
then the demonstrations expressing dissent have to be in designated places alone. The
present case was not even one of protests taking place in an undesignated area, but was a
blockage of a public way which caused grave inconvenience to commuters."
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In the latest instance, the Supreme Court last week, hearing a plea related to the ongoing
protest by farmers' unions at Delhi borders, further fine-tuned the right to protest.
Also read | Farmers' agitation: Right to protest vs citizens' right to life
It said, "We have considered the earlier judicial pronouncements and recorded our opinion
that the Constitutional scheme comes with a right to protest and express dissent but with an
obligation to have certain duties."
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2/25/2021
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Beyond Disha Ravi's arrest: Right to protest in India explained - News Analysis News
protests but in case of prolonged dissent or protest, there cannot be continued occupation of
the public place," said the Supreme Court bench of Justices SK Kaul, Aniruddha Bose and
Krishna Murari in its ruling on February 9.
What are the duties and restrictions the courts, government refer to?
Article 51A - on Fundamental Duties - makes safeguarding public property and abjuring
violence even during a protest a fundamental duty for every person in India. Resorting to
violence during public protests is a violation of the fundamental duty described in the
Constitution.
Like other fundamental rights, the right to protest is subject to "reasonable restrictions".
These restrictions relate to protecting the sovereignty and integrity of India, the security of the
State, friendly relations with foreign countries, public order, decency or morality or in relation
to contempt of court, defamation or incitement to an offence. Action against Disha Ravi by the
Delhi Police flows from this provision mentioned under the same Article 19 that guarantees
freedom of speech and expression.
ALSO READ | 'Toolkit' case: Students hold protest in Bengaluru, climate group demands Disha
Ravi's release Listen
ALSO READ | After Disha Ravi arrest, Delhi Police warrant out for activist Nikita Jacob in toolkit
case
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MOVIES News / NewsTECH

Beyond Disha Ravi's arrest: Right to protest in India explained

Varavara Rao granted Interview: Why A.R.

What is the right to protest?

Varavara Rao granted Interview: Why A.R.

How supreme is the right to protest?

It allows the government to take pre-emptive steps by detaining protesters before

What has Supreme Court said?

In 2011 case of Re-Ramlila

In Shaheen Bagh and farmers' protests

Also read | Farmers' agitation: Right to protest vs citizens' right to life

Get Newspresso, our morning newsletter

Enter your email I agree to receive newsletters SUBSCRIBE

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Without Your Help They Could Starve Through This Pandemic

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Term Life Insurance - 1 Cr Life Cover @ 490/month*. Get Free Quote!

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Don’t wait, invest in Amazon! Calculate your potential proﬁt!

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Check Your Eligibility for Term Insurance. Get Free Quote!

Vidya keeps calm now because her family is safe.

Varavara Rao granted Interview: Why A.R.

The eﬃcacy of double masking: What health experts have to say

Without Your Help They Could Starve Through This Pandemic

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Varavara Rao granted Interview: Why A.R.

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Promoted Links by Taboola

WATCH RIGHT NOW

2 years of Pulwama attack: The day when India lost 40 soldiers

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'Toolkit' case: Why was climate activist Disha Ravi arrested?

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