India is the world’s largest democracy. Fundamental rights play an important role in maintaining the sovereignty and integrity of India. Having so many disparities, right to protest (in a peaceful manner) or showing dissent or disagreement to something is a fundamental right secured by each citizen of India.
The legal maxim “Rex non potest peccare” or ‘the king can never do wrong’ ceases to have its relevance in a democracy. People have complete right to show dissatisfaction and defects in the system.
A writ petition was filed by migrants of Jammu and Kashmir where they putted up allegations on the state for infringing their rights secured under Article 14, 19, 21 and 22 of the Indian Constitution. The facts stated that the petitioners wished to take a peaceful march to Delhi to raise their grievances. However, they were brutally beaten up by the police when they reached Katra (J&K). The petitioners have prayed for criminal action against the faulty officers and a compensation of Rs. 10 lakh for the severe injuries sustained.
The Bench comprising Justice R.K. Agarwal and A.K Sikri held that taking out peaceful protests to address grievances is a fundamental right. Article 19(1)(a) ensures freedom of speech and expressions, article 19(1)(b) provides right to peaceful assembly without arms and article 19(1)(c) ensures freedom to form unions. All of these rights come with a reasonable restriction but can be claimed in a democratic, peaceful and prescribed manner. Showing dissent in a legitimate manner is always permissible.
In the present case, an analysis of facts was done. It was observed that the first step was initiated by the petitioners who turned the peaceful protest to violent march by pelting stone at the police. On the other hand, the police exercised powers beyond limits as they continued their lathicharge even after overpowering them. The court awarded compensation to the victims under Article 32 of the Indian Constitution. The first petitioner is awarded Rs. 2 lakhs and the other two petitioners are awarded with the compensation of Rs. 1 lakh each which has to be paid to them within 2 months.
There is a lack of proper training amongst police personnel to handle adverse situations. The protesting mob turn out to be very ugly that the police are forced to take strict actions. Human rights’ activists claim that practicing one’s fundamental rights must not result in infringement of some other persons. In case of rebellious situations the police are responsible to take proper course of action and restore the sustainability of law and order. Also, it must be taken care that the degree of action is not more than required. Police often crosses the limit which creates a negative image amongst the people. Abuse of power by police may lead to threat to rule of law.
The UN Human Rights’ body has also told to India that the right to peaceful protest must not turn out to paralyze the society.
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