The Supreme Court on Monday underlined that the right to peaceful protest is protected by the Constitution, while indicating that it is considering a uniform set of guidelines to regulate demonstrations across the country. The observations came during the hearing of petitions alleging police excesses against students protesting over the alleged NEET-UG paper leak and other examination-related issues.
Top Court Considers Uniform Protest Guidelines
A Bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, said there was a need for a consistent national framework that protects citizens’ democratic rights while enabling authorities to maintain public order.
The Bench observed that peaceful protests should have designated spaces and clear procedures, while anti-social elements attempting to disrupt demonstrations must be dealt with separately.
“There should be a protocol when someone wants to agitate peacefully. Proper space for that. There is no impediment in that regard. But if there is any anti-social element that can be dealt with. If there is excess committed, it should be independently examined. It’s not only a case of Delhi. Uniformity in protocol required. Merely because agitation there doesn’t mean lathi-charge. Discipline integral to democratic process,” the Chief Justice said.
The court also noted that any future framework could apply across India to ensure uniformity in the handling of peaceful protests.
“It is a question of all India… this uniformity in protocol is also… Those who are responsible… what kind of mandatory guidelines… Self-discipline is integral to the entire process,” the CJI remarked.
‘Peaceful Protest Cannot Be Curtailed’
Reaffirming constitutional protections, the Supreme Court made it clear that peaceful demonstrations cannot be suppressed merely because they involve public agitation.
“Right to peaceful protest is in the Constitution. Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess,” the Chief Justice observed.
The remarks came while the court was hearing allegations that police had used excessive force, including lathi charges and tear gas, against student protesters.
Petitioners Seek Accountability
Senior advocates Gopal Sankaranarayanan, Colin Gonsalves, and Vikas Singh, appearing for different petitioners, urged the court to take action against police personnel accused of using excessive force during the demonstrations.
The petitions argued that the response of law enforcement agencies violated the constitutional rights of peaceful protesters.
Court Also Raises Concern Over Injured Police Personnel
While examining allegations against the police, the Bench also acknowledged submissions regarding attacks on law enforcement officials during the protests.
Referring to allegations that police personnel were assaulted during the unrest, Justice Joymalya Bagchi said the safety of officers was equally important.
“Injury to police is of equal concern. We may call upon the State to respond why adequate safeguards were not provided…” Justice Bagchi observed.
The Bench indicated that any future guidelines should ensure protection for both peaceful demonstrators and security personnel.
Hearing to Continue
After hearing all parties, the Supreme Court scheduled the matter for further hearing on Tuesday. The proceedings are expected to continue on issues relating to alleged police excesses and the possibility of introducing nationwide norms governing peaceful public protests.
