Name: Chhaya Gautam
Course: LLB
College: Kamkus College of Law
Keywords: Farmers’ Protest in India, Article 19, Fundamental Right, Right to Speech, the right to protest, Article 51 (a), Section 144 CrPC
Introduction
In a vibrant democracy like India, the right to protest is not just a constitutional guarantee; it’s a vital expression of our collective voice. As we navigate through complex social, economic, and political landscapes, it’s crucial to recognize the importance of peaceful assembly and dissent. The right to protest is generally recognized as a Fundamental Right in democratic societies, allowing citizen to express their views and grievances. Balancing the right to protest with the need to maintain public order is a complex issue. It’s crucial to ensure that protests remain peaceful and do not infringe upon the rights and safety of others or disrupt essential public services. Finding this balance requires careful consideration from both the authorities and protesters.
Understanding Protest Rights in India: A Cornerstone of Democracy
The right to protest is a fundamental aspect of democratic societies, enshrined in
Article 19 of the Constitution of India. This Article guarantees the freedom of speech and expression (Article 19(1)(a)) and the right to assemble peacefully (Article 19(1)(b)).
These rights empower citizens to voice their opinions and mobilize against policies they perceive as unjust, a critical component of participatory democracy.
Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms.
These reasonable restrictions are imposed 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 about contempt of court, defamation, or incitement to an offence.
Protests: Making Public as the Watchdog of the Government
People act as watchdogs and constantly monitor governments’ actions, providing feedback to the governments about their policies and actions. Afterward, the concerned government, through consultation, meetings, and discussions, recognizes and rectifies its mistakes.
However, resorting to violence during the protest is a violation of a key fundamental duty of citizens. Enumerated in Article 51A, the Constitution makes it a fundamental duty of every citizen “to safeguard public property and to abjure violence”.
The recent farmers’ protests in India are a significant example of this right in action. Farmers rallied against three farm laws, arguing that these laws would undermine their livelihoods and favor large corporations. The protests, which gained momentum in late 2020, drew national and international attention, highlighting the farmers’ plight and their demands for repeal. They utilized Article 19(1)(a) to articulate their concerns through various means, including social media campaigns, rallies, and public speeches.
Bench led by Chief Justice of IndiaSharad A. Bobde, observed in its order.
“We clarify that this court will not interfere with the protest in question. Indeed, the right to protest is part of a fundamental right and can, as a matter of fact, be exercised subject to public order. There can certainly not impede the exercise of such rights as long as it is non-violent and does not result in damage to the life and properties of other citizens… We are of the view at this stage that the farmers’ protest should be allowed to continue without impediment and any breach of peace either by the protesters or the Police.”,
Justice Surya Kant, heading a Bench comprising Justice Ujjal Bhuyyan, declared in open court.
We clarify that the court’s doors are always open. Any suggestions or demands of the charter by the farmers can be brought on record, directly by the farmers or indirectly through their authorized representatives. It would be given due consideration in discussions with stakeh.lders,”
Farmers’ March to Delhi: Punjab and Haryana High Court’s Verdict Brings Relief
In a significant development, the Punjab and Haryana High Court has directed the Haryana Police to remove the barricades at the Ambala-Patiala border within a week, paving the way for farmers to resume their march to Delhi. The farmer union leaders have welcomed the decision, terming it a positive step towards resolving the ongoing stalemate.
The farmers, who have been protesting at the Shambhu and Khanauri borders with Haryana since February 13, had been demanding permission to march to Delhi to press for their demands, including the legal guarantee of minimum support price (MSP) for all crops. Guramneet Singh Mangat, the convener of the Kisan Mazdoor Morcha (KKM), said that the Haryana government had blocked the highway, not the farmers.
Understanding Section 144: A Tool for Maintaining Peace
In times of unrest and protest, the need for effective governance becomes paramount. One powerful legal provision that often comes into play is Section 144 of the Criminal Procedure Code (CrPC) in India. But what exactly is Section 144, and how can it be utilized to maintain peace during turbulent times?
What is Section 144?
Section 144 empowers a magistrate to prohibit the assembly of four or more individuals in an area. This legal tool is designed to prevent disturbances to public tranquility and is often implemented in response to imminent threats of violence or unrest.
How to Use Section 144 Effectively:
1. Assessment of Situation: Before invoking Section 144, it’s crucial to assess the ground situation. Understanding the root causes of protests helps in addressing grievances more effectively.
2. Communication: Transparency is key. Communicate the reasons for imposing Section 144 to the public. Engaging with community leaders can help in disseminating information and reducing misunderstandings.
3. Alternative Solutions: While Section 144 may be necessary, exploring dialogue and negotiation as alternatives can often yield better results. Encourage open forums for discussion to address the concern.
The Impact of Farmers’ Protests: A Closer Look
While the voice of farmers deserves to be heard and respected, we must also consider the negative impacts these protests can have on various stakeholders:
1. Supply Chain Disruptions: Protests often lead to blockades and disruptions in transportation, affecting the timely delivery of essential goods. This can result in food shortages and increased prices for consumers.
2. Economic Consequence: Extended protests can lead to significant economic losses, not just for farmers but also for businesses reliant on agricultural products. Local economies can suffer when trade routes are blocked and markets are disrupted.
3. Social Tensions: Protests can create divisions within communities. When tensions rise, it can lead to a breakdown in dialogue between farmers, the government, and consumers, making it harder to find common ground.
4.Environmental Impact: In some cases, prolonged protests can lead to neglect of farming practices, impacting soil health and agricultural sustainability.
From Fields to Felonies: Understanding the Farmers’ Protest Turned Criminal
Over 650 farmers who protested and locked the gates of Noida authority office in Sector 6 last month have been booked by the Police on charges of rioting, attempt to murder, and obstructing and assaulting a public servant on duty, among others, senior Police officers in the know of the development said on Wednesday, adding that no arrest has been made as yet.
“The damage caused to government and private property by the agitators is being assessed. The administration had already informed/warned in this regard that if the agitators caused damage to government and private property during this movement, then this loss would be compensated by seizing their property and bank accounts. If public property is damaged by the agitators during the movement, there is an amendment in the Prevention of Damage to Public Property Act 1984 (PDPP Act) under the provisions of the Supreme Court in which, the people who caused damage to public property during the movement or called for the movement and the officials of that organization are held responsible for any damage caused,” the official release said.
It further added that according to the Haryana Public Administration’s Property Recovery Act 2021, in case of damage to government property, there is a provision to compensate for the loss of public property by attaching property and confiscating bank accounts of the person causing the loss.
Some examples of negative impacts of Farmers’er’s Protest
Noida Police to invoke CrPC 144 on Friday due to ‘BhaFeb Bandh’
The Gautam Buddh Nagar Police on Thursday said restrictions under CrPC section 144, including a ban on unauthorised public assemblies, would be enforced across the district on February 16.
Farmers’ protest: Commuters inconvenienced as Singhu border remains closed for traffic
Sagar Singh, who was coming from Panipat and going towards Bawana, said, “I am going to see my ailing mother-in-law in Bawana. I am planning to stay back so that I can be available for help if she needs me. The current situation is not conducive to travelling at night or even otherwise.”
Farmers’ protest news updates: Board exams held hassle-free despite high security measures at Tikri border was reported in the conduct of examination, despite enhanced security norms at the Tikri border given the farmers’ protest. Vehicles were arranged by the Police and paramilitary officials to help students reach their respective centers near the Tikri border.
Protesting farmers block railway tracks, toll plazas in Punjab
Protesting farmers began their ‘rail roko’ andolan on Thursday. The protestors blocked the railway tracks and toll plazas as part of their protest.
Police have detained 200 protesters following Tuesday’s deadly violence in India’s capital Delhi, during a massive protest against agricultural reforms. clashed with the Police as protesters on the outskirts of the city forced their way in. One protester died, and more than 300 Police officers were injured. Those detained are being held on charges of rioting, damaging public property, and attacking Police personnel. So far, 22 Police complaints have been registered.
Conclusion
However, the protests also raised complex issues regarding the impact on public property and the resulting losses incurred during the demonstrations. Various reports indicated that infrastructure damage, including vandalism and disruptions to public services, occurred during the protests. The blockade of roads and railways not only fueled tensions between protestors and authorities but also adversely affected daily commuters and local businesses, leading to economic losses.
In addressing these challenges, it is crucial to balance the right to protest with the need for public order. While dissent is a hallmark of democracy, the means of expressing discontent must not infringe upon the rights of others or result in property damage. Several legal cases related to the farmers’ protests have underscored the tensions between maintaining public order and upholding constitutional rights.
The impact of these protests extends beyond immediate losses; they have sparked a broader dialogue about agricultural policies, economic justice, and the role of the government in protecting farmers’ rights. The engagement of various stakeholders, including civil society, policymakers, and the judiciary, is essential to navigate the complexities of such protests.
In conclusion, the right to protest in India, as articulated in Article 19, is vital for democracy. The farmers’ protests serve as a reminder of the need to uphold this right while also ensuring that public order is maintained. As India continues to grapple with these issues, the lessons learned from these events will shape future discourse on the balance between dissent and societal welfare.
