2/25/2021 Farmers And Their Right To Protest What Does Law Say So Far - BW Businessworld

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February 25, 2021    

Farmers And Their Right To Protest: What Does Law Say So Far?
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India has been a country of non-violence and civil disobedience, with the ideals of Mahatma Gandhi gaining popularity with each passing day.
The government and farmers’ leaders must come to an agreement through talks, annihilating fear of farmers and arriving on common
ground through mutual consensus.

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09 February, 2021
by Urvi Shrivastav
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Till 75 years ago, Indian masses had not seen any formal access to human rights. This is why Fundamental Rights were given to
citizens after 1947, to keep the government as well as the people accountable. In addition to freedom of speech, expression,
profession and residence, the Constitution of India also guaranteed the right to peaceful protest. Acknowledging the condition in
India, The Office of the United Nations High Commissioner for Human Rights (OHCHR), in a recent tweet said the right to
peaceful assembly and freedom to express should be preserved in online as well as offline mode. With the farmer protest still in
the forefront, some are sympathising with the farmer’s cause, while others are strongly critical of the same.

This is not the first time we have seen the “Right to Protest” on the forefront. Several demonstrations in the past have led to
many changes to the constitution. For instance, Potti Sreeramulu went on a hunger strike for the creation of Andhra Pradesh
back in the early 1950s. The protest by the farmers in New Delhi is viewed by some experts in a similar light, as a right to BW TV
demand what they desire from the government, while others see this as a brute attack on a civilised society by blocking the
roads and traffic. This ongoing protest has adversely affected the livelihood of people and caused hardship to common man Australia
living in cities and towns. Google +
 read mo
In fact, the Supreme Court in “Maneka Gandhi vs The Union of India (1978)” case ruled that every citizen must have the right to
participate in the democratic process, which allows exercising ones rights to make a choice, as well as free and general
discussions on public issues which are absolutely essential. From the legal angle, the Constitution of India, guarantees the right Privatisa
to peaceful protest, which is strongly protected under Article 19, though the word “protest” is not mentioned explicitly: Banks Le
Protests
• Article 19(1)(a): Freedom of Speech and Expression. Unions?
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• Article 19 (1)(b): Right to protest peacefully without arms.

• Article 19 (1) (c): Right to form associations and Unions. TATA Acq
Bigbaske

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2/25/2021 Farmers And Their Right To Protest What Does Law Say So Far - BW Businessworld
However, these provisions
Newsextend to peaceful
Columns protests only,
Interviews BWand any violence in
Communities the nameBW
Events ofTV
protestSubscribe
is held to
to be
Print Editorial Calendar 19-20 Race To G
unconstitutional. These Supreme Court conclusions reaffirm the constitutional guarantees to legal and non-violent protest in Control
judgements such as “Ramlila Maidan Incident vs. Home Secretary, Union of India & Others, (2012)”. Here, the apex court held  read mo
that citizens have a fundamental right to assembly and peaceful protest, that cannot be removed from arbitrary executive or
legislative action.
Sponsored B
When seen in the light of these provisions, the nature of rebellion and their actions India saw at the Red Fort in Delhi on the
26th of January were far from peaceful. In fact, Article 51A (Fundamental Duties) states it is the duty of every Indian citizen to
safeguard public property, preserve the environment as well as composite culture, among other duties. While one cannot be
sued in the court of law for violation of these ideals, it is a part of the code of ethics every Indian is expected to follow. Red Fort is
Also Read
a quintessential part of Indian history, and has served as the focal point for addressing the nation by political leaders across the
years.
Importe
List
In fact, the Constitution of India has itself stated that Fundamental Rights are not absolute and subject to certain limitations. If
people were given complete freedom without any control, it will negatively affect society. The rights are therefore subject to Ad World
reasonable restrictions under SIP Inv
Calcula
Article 19(2), Part III of the Indian Constitution, where Indian state can impose restrictions in the name of maintaining societal Calcula
stability and national security. The following are those situations where restrictions can be imposed on the people: Ad easyp

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1. If the friendly relations we share with a neighbouring country are threatened. 10Lakh

2. In case of violation of public order. businessw

3. If there is contempt of court. Latest J

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4. If India’s sovereignty and integrity are threatened.
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The Supreme court in the case of the “Railways Board Vs Niranjan Singh”, noted a similar limitation on the right to protest. The PMO Di
Ministry
judgement indicates that the protest and assembly does not apply to the right of infringing someone else’s property. The

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Against
judgement thus reiterates that all reasonable restrictions are imposed on the interests of India’s state security, friendly relations businessw
with foreign countries, and public order. It cannot be arbitrary in nature.
Top 5 E
Makers
Given the history of farmers protest in Delhi, “Chakka jam” in the National Capital on the 6th of this month had a
foreshadowing of violence. These ongoing protests have gained the attention of international media, with celebrities in India and businessw
abroad talking about the same. The Ministry of External Affairs in a press release this month declared “Some of these vested
Airbus
interest groups have also tried to mobilise international support against India. Instigated by such fringe elements, Mahatma Transpo
Gandhi statues have been desecrated in parts of the world. This is extremely disturbing for India and for civilised society Is Actu
everywhere.” Thus, any protest which promotes violence and instigates people in any form is illegal and unethical in the Indian businessw

context. BW Bus
Recent
India has been a country of non-violence and civil disobedience, with the ideals of Mahatma Gandhi gaining popularity with each
businessw
passing day. The government and farmers’ leaders must come to an agreement through talks, annihilating fear of farmers and
arriving on common ground through mutual consensus. Kangan
back at
criticizi
businessw

Women
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businessw

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businessw

Techno

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