Supreme Court is about to write a new chapter in the history of protests in India. Amid growing concerns about increasing trends of ‘professional protesters’ and nuisance caused by them, the Supreme Court has decided to revisit the ‘Right to Protest’.
Of late, prolonged protests directed at the Modi government have become a go-to option for Islamoleftists and the opposition to bake their political bread. The Shaheen Bagh protest against the CAA (Citizenship Amendment Act 2019) fed on disinformation and lasted months until it culminated into the Delhi Riots seen in February 2020. The Islamoleftist cabal which includes sections of the opposition, activists and others, then piggy-backed on ‘farmers’ to engage in a long protest blocking crucial roadways that lead to the national capital. The ‘farmers’ protest led to the violence on 26 January involving the Red Fort siege, and most recently the Lakhimpur Kheri violence. Led by political opportunists like Rakesh Tikait, these ‘farmers’ are busy blocking roads over three farm laws that have long been stayed.
Supreme Court questions farmers’ body
A farmer body approached Supreme Court asking for permission to hold their protest at the Jantar Mantar in Delhi. Questioning the vagueness of the farmers’ protests, Supreme Court asked for the precise reason why farmers want to protest at Jantar Mantar in Delhi. “You are saying you want to protest, protest what? The Act has been stayed by the Court. The Centre has said it will not be implemented,” asked Justice Khanwilkar. The farmers, however, couldn’t explain why they wanted to protest against a law that has been challenged in court.
Read more: You have strangulated the whole city,’ Supreme Court goes all out against farmers’ protest
Why protest when the matter is still in court?
Expressing anguish over the violence in Lakhimpur Kheri, the honourable court lamented that no one was taking responsibility for these incidents. Furthermore, it was also added that the court will examine whether protests can be held against an issue or a law that is yet to get final constitutional backing by the Supreme Court of India.
The court said, “After hearing learned counsel for the concerned parties and the Attorney General for India, we deem it appropriate to examine the central issue as to whether the right to protest is an absolute right and, more so, the writ petitioner having already invoked the legal remedy before the Constitutional Court by filing a writ petition, can be permitted to urge, much less assert, that they can still resort to protest in respect of the same subject matter which is already sub-judice before the Court,”. The court further added -“Either come to court or to the road…Once a matter is sub-judice, how will protest go on the same issue?” The same farmer body had challenged the farm laws in Rajasthan High court which the Supreme Court decided to transfer to itself.
Hence, in this context, the honourable Supreme Court seems to have decided to strike a balance between the right to protests and disturbances caused due to them.
The farmer body made an excuse for Minimum support price
Ajay Choudhary, the lawyer representing the farmers’ body told the court that the protests are not just against the farm laws, but they were also asking for implementation of the Minimum support price. The court then enquired about the reason behind protesting in the national capital, when it’s the states which procure the crops from farmers.
Right to protest in India
Our Constitution does not expressly provide us with the right to protest. But when read together, Article 19(1) {a,b,c} (which provides for freedom of expression, freedom to assemble peacefully and freedom to form unions respectively) protects the right to protest. The constitutional protection is meant for peaceful protests only. However, under Articles 19(2) and 19(3), if the protests are a threat to public order or the security of the nation, the government can impose restrictions on the protests.
Aandolanjeevi and foreign destructive ideology
The protest has become a source of livelihood for various people working as trained activists. Recently, PM Modi had coined the term “aandolanjeevi” for these so-called activists. Calling them parasites, PM Modi had said, “these parasites feast on every agitation. When they are not in the front, they operate from behind the curtains, they cannot survive without agitation”. Alerting the nation about foreign forces trying to destabilize the nation through these protests, Modi called their ideology a foreign destructive ideology.
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It has been a constant pattern to protest against any law passed by the current government in power. Earlier, a nationwide protest took place against the citizenship (Amendment) Act, 2019, in which Shaheen bagh was held under blockade by these protesters. Similarly, for about a year, the protesters have blocked various roads leading to the national capital.
The protests are a legitimate way for the public to put forward its demands in front of the democratic government. But, in the last few years, it has become a tactic for anti-national elements to gain legitimacy. The government hesitates to take action against them as these elements take the shield of innocent citizens to peddle their agendas. In those circumstances, the Supreme Court will have to protect the constitutional rights of 1.4 billion Indians.