Are protests illegal in India? | Explained - video Dailymotion

India Today

Hundreds were recently detained at India Gate for protesting Delhi’s air pollution, and Ladakhi activist Sonam Wangchuk’s arrest made headlines too.

Transcript

00:00We are only asking for a clean environment, clean air to breathe.

00:03These are the hundreds of Delhiites we recently gathered at India Gate

00:08to protest government and action on air pollution.

00:11Within minutes, the police detained them and cleared the area,

00:14sparking backlash from activists and opposition leaders.

00:20But here's the big question, are protests illegal in India?

00:24Short answer, no.

00:30The right to protest is part of your fundamental right to freedom of speech and expression

00:35under Article 19 of the Constitution.

00:37But this right is not absolute.

00:41The Supreme Court has made it clear your protest cannot come in the way

00:45of someone else's right to life and liberty.

00:48That means you can't protest anywhere, anytime or resort to violence.

00:53You need police permission and protests can only be held at designated sites

00:58so that roads are not blocked, property is not damaged and residents are not disturbed.

01:03Organizers must apply for permission in advance and share details such as

01:08the purpose of the protest, expected crowd and get a no-objection certificate from the local police.

01:14If you don't, then the law steps in.

01:17Under Section 223 of the Bharatiya Nyaya Sahita,

01:20holding an unauthorized protest violates the standing orders of the authorities.

01:25And it can lead to up to six months in jail or a Rs.2500 fine.

01:30Or if it risks public safety, it can go up to one year in jail and up to Rs.5000 fine under the BNS.

01:39And if things turn violent, tougher laws can apply.

01:42Like Section 324 for mischief, Section 224 for injury to police,

01:46even criminal conspiracy or incitement of violence in extreme cases.

01:51But here's the key, the police cannot arrest you for a peaceful protest,

01:56especially one that is held at a designated site.

01:59And even if you get detained for protesting without permission,

02:03these are bailable offences.

02:05And usually what happens is people are taken away, made to sign a bond

02:09and released the same day from the police station.

02:11After the 2012 Nirbhaya protests at the India Gate,

02:14the government banned large gathering in these high security zones,

02:18which is why protests in India Gate leads to quick detentions.

02:22Still, many people have alleged that authorities now misuse these rules

02:27to curb dissent and deny permissions unfairly.

02:31But remember this, peaceful dissent is not a crime.

02:35The right to protest is your fundamental right.

02:38The state can impose restrictions, but it cannot silence your voice.

02:43So the next time you see headlines about detentions,

02:46remember it is not about breaking the law.

02:49It's about defending the right to be heard.

Are protests illegal in India? | Explained

Category

Transcript

Be the first to comment

Recommended