JAIPUR NATIONAL UNIVERSITY , JAIPUR

SUBJECT : MEDIA LAW AND ETHICS

TOPIC: UNLIMITED PROTESTS WITHOUT A REASONABLE OBJECTIVE IS A

REPERCUSSION TO INDIA’S DEMOCRACY

SUBMITTED TO : SUBMITTED BY:

Dr. S.KRISHNAN SWATI SHEKHAWAT

ASST PROF. SHOBHA CHAUHAN

SSLG

JAIPUR NATIONAL UNIVERSITY B.A.LL.B (6th semster)

 DECLAR ATION

We SWATI SHEKHAWAT, and SHOBHA CHAUHAN hereby declare that the

dissertation entitled ‘UNLIMITED PROTESTS WITHOUT A REASONABLE
OBJECTIVE IS A REPERCUSSION TO INDIA’S DEMOCRACY’ submitted to the
Seedling School of Law And Governance (JAIPUR NATIONAL UNIVERSITY) , in
partial fulfillment for the award of the Degree of Bachelors of Laws and that the
dissertation has not previously formed the basis for the award of any degree , Diploma,
Associate ship , Fellowship or other title .

Place : Seedling School of Law and Governance Name:Swati Shekhawat

Jaipur National University Shobha Chauhan

Date : 1st April 21

 ACKNOWLEDGEMENT

This project would not have been able to see the light of the day without the profound interest
shown by my mentor and guide Dr. S.Krishnan who had been there to assist me with her
commitment and intellectual guidance and made this work more significant by editing it
exemplarily wherever required .

An additional measure of thanks is due to my parents , sibling and pals who have played a very
important role at every stage of dissertation by contributing their meticulous attention to every
detail and

We would like to acknowledge the help of S.S.L.G . vast and rich library and librarian staff
without whose help this dissertation would not been turned this way out.

Last but not the least a sincere thanks to the almighty that had been there with me through this
journey so as to give me enough strength and understanding to go about with this dissertation
success.

SWATI SHEKHAWAT

SHOBHA CHAUHAN

B.A.LLB – 6th SEMESTER

ABSTRACT

It is critical to recall that all protests are lawful just in the event that they are peaceful and completed
with proper consents. The option to protest is calmly revered in the Indian Constitution—Article
19(1) (an) ensures the right to the freedom of speech and expression; Article 19(1) (b) assures citizens
the right to assemble peaceably and without arms. A protest is a public articulation of complaint,
dissatisfaction or contradiction towards a thought or activity, commonly a political one. Protests can
take various structures, from singular proclamations to mass shows. Protestants may arrange a protest
as a method of openly making their feelings heard trying to impact popular assessment or government
strategy, or they may embrace direct activity trying to institute wanted changes themselves. Where
protest are important for a deliberate and quiet peaceful mission to accomplish a specific goal, and
include the utilization of pressure just as persuasion, they go beyond simple protest and might be
better depicted as instances of common obstruction or peaceful opposition. Thusly, against this
explanation and establishment, this article will deal with the regions of fierce protest in protected
majority rules system. However, how do associations which utilize extremist protest in a constitution
will identify with those which decide not to? These are a portion of the observational and regulating
addresses that we present in the accompanying article.

INTRODUCTION

India is a democratic republic where every right is fully justified by our constitution with proper and
reasonable restrictions. Coming to right of protesting is also justified with a reasonable restriction of
doing it peacefully and legally. But some Indians have acquired the different way of protesting which
is unjustified and being violations in constitutional democracy. Protestants may arrange a protest as a
method of openly making their feelings heard trying to impact popular assessment or government
strategy, or they may embrace direct activity trying to institute wanted changes themselves. Where
fights are important for a deliberate and quiet peaceful mission to accomplish a specific goal, and
include the utilization of pressure just as persuasion, they go beyond simple protest and might be
better depicted as instances of common obstruction or peaceful opposition.

Every proper thing has its proper way, so right to protest has. Systematically orientation makes the
foundation reliable and strong.
EXCERPTS OF VIOLENCE IN CONSTITUTIONAL DEMOCRACY

CAA( Citizenship Amendment Act, 2019)

The Right of residents to protest and assemble peacefully without arms is a central part of India's vote
based system. While it is likewise the commitment of the administration to shield regular people from
vicious fights, certain fundamental standards should be remembered.

The Right to protest is one of the centre standards on which majority rules system endures and
flourishes. Nonetheless, when a protest turns rough, as found in certain spots in late fights, it nullifies
the very point of the protest. While getting a charge out of the rights, one must stick to one's
obligations and duties in a vote based society.

Sometime in the weeks ahead the Supreme Court of India will hear contentions on the legitimacy of
the Citizenship (Amendment) Act, 2019 [CAA]. The court's treatment of the case will be firmly
viewed. The CAA has been the wellspring of argumentative discussion with showings illegal
unexpectedly jumping ups the nation over. In North India, in spite of a harshly chilly winter,
enormous quantities of individuals, across areas of society, have rioted to fights the burden of the law.
From numerous points of view, these fights are free of the lawful test that has been mounted. They
seem, by all accounts, to be the thundering of a bigger social equality development, rising above the
exposed exactions of the CAA. Be that as it may, the energy and the fervency of the protestors have
raised the political and social stakes associated with the case. The spotlight, in this way, will sparkle
brilliant on the Supreme Court when the hearings start.

NRC( National Register of Citizens)

It’s a register of all Indian citizens, prepared based on 1951 census. Its basic object is to record all the
citizens of India and identify the illegal migrants. The criteria for being Indian citizen as per NRC is
that those whose names were in NRC (1951 census) or in any of the electoral rolls upto March 1971,
such persons will be considered as citizen. Today, NRC is applicable only to state of Assam but
Government of India is planning to implement it to all over the country in 2021. On 19th November
2019, Home Minister, Amit Shah proclaimed that NRC would be implemented for the rest of the
country. He also talked about ‘one nation one card’. For this, NPR (National Population Register) is
going to be prepared to determine the citizens, non-citizens and usual residents of India. There’s
suspicion and apprehension that NPR is a database which can serve NRC. However, Amit Shah has
given assurance that both NPR and NRC are different things and data gathered in NPR won’t be used
for NRC but we can never anticipate what’s going to be in future.

Article 370

Article 370 of Indian Constitution, 1950 gave special status to Jammu and Kashmir. This article along
with Article 35A conferred power to J&K to have their own separate constitution, state flag,
autonomy over their internal matters, who are permanent residents, how these residents have separate
laws regarding ownership, fundamental rights, citizenship, etc. On 5th August 2019, the Government
of India scrapped this article which means that no more autonomy, different treatment would be
granted to the residents of Jammu and Kashmir and this led to protests too. The state was bifurcated
into two Union Territories- J&K and Ladakh. Violence had been fermented in Srinagar markets in
which two shops were burnt in October. In November, a grenade blast took place in Uttar Pradesh due
to which many got injured. Mehbooba Mufti referred it as the “blackest day of Indian democracy”.
Former Chief Minister, Omar Abdullah termed it as “unilateral and shocking”. In Delhi too, protests
took place and many people called it a “death of Indian democracy”.

PROTEST IS A RIGHT, SAVAGERY CONVEYS RESULTS

'Protest' commonly inspires pictures of a dissenter minority taking a public remain, as in rallies
against specific wars or barricades against logging of a rainforest. Protest is generally connected with
bunches that are outside the standard, that need inside associations with the wielders of intensity.
Protest is frequently 'against' some random thing, an endeavour to stop an approach or practice which
would some way or another approval unchallenged. To numerous individuals, dissidents have an
awful picture: the riffraff in the roads. In spite of the fact that by far most of protest movement in
liberal majority rule governments is peaceful as a general rule and goal, an atmosphere of real or
potential brutality ordinarily goes with media introductions and famous view of protest. These
pictures are essential for a general view which adjusts the 'option to protest' against a requirement for
'lawfulness.'

CONCLUSION
A long way from destabilizing popular government, protest has been instrumental in compelling the
presentation of the majority of the opportunities that currently exist in liberal vote based systems.
Direct activity, generally peaceful, assumed a significant function in the consummation of servitude,
augmentation of the establishment, reducing heartless parts of the abuse of work and stretching out
rights to ladies and minorities. A significant number of the purported ordinary channels for working
through the framework, which are frequently prescribed as preceding or desirable over direct activity,
have themselves been built up through direct activity. A significant number of the constitutions which
exemplify the rights and limitations which have come to be related to business as usual were built up
not in quiet examination yet in the repercussions of social unrest or disturbance.

As opposed to the typical inquiries concerning how to manage fight, social researchers ought to think
about whether to proceed with the scholarly class of protest by any means, given its relationship with
a slanted image of society and social activity. In any event, when social researchers are very mindful
of the suspicions related with their own utilization of the idea, a large number of those perusing their
works will be urged to treat the activities of just a few gatherings in the public arena as problematical.
Besides, the idea of protest is related with long-standing discussions about morals, for example, the
authenticity of viciousness, which certainly discards the conduct of prevailing gatherings from
assessment. The presence of classes can support specific headings for research; for this situation the
frequently noted consideration by social researchers to generally frail instead of ground-breaking
bunches is both reason and outcome of the applied contraption accessible.