Context
Clashes during a protest march in Delhi have revived questions about the constitutional right to peaceful assembly and the legality of police restrictions and use of force.
Explanation:
- Article 19(1)(b) guarantees citizens the right to assemble peacefully and without arms.
- Under Article 19(3), the State may impose reasonable restrictions in the interests of public order, sovereignty and integrity of India.
- Section 163 of the BNSS authorises preventive orders where an assembly may cause obstruction, danger or disturbance of public tranquillity.
- Police may disperse an unlawful assembly, but force must satisfy the principles of necessity, proportionality, minimum force and accountability.
- In Anita Thakur v. State of J&K (2016), the Supreme Court awarded compensation for excessive police force against protesters.
- In Mazdoor Kisan Shakti Sangathan v. Union of India (2018), the Court held that authorities may regulate protests but cannot extinguish the right altogether.
- In Amit Sahni v. Commissioner of Police (2020), the Court ruled that public spaces cannot be occupied indefinitely for protests.
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Right to Protest: Constitutional Limits and Police Powers