Lessons on the right to assembly, Pg7

Key Highlights:

• Protests erupted in Delhi against the Central government following large-scale voter exclusion in the Special Intensive Revision (SIR).
• Protesters demanded the resignation of Chief Election Commissioner Gyanesh Kumar.
• The government responded with heavy deployment of police and military personnel, raising concerns about protest suppression.
• The issue highlights the constitutional right to assembly and expression versus state authority.

Detailed Insights:

• The right to dissent and protest is fundamental to a liberal democracy, with a rich legacy in India.
• A "culture of suspicion" towards protests, questioning permissions and funding, is emerging, viewing citizens as passive recipients.
• Article 19(1)(a) guarantees freedom of speech and expression, while Article 19(1)(b) ensures the right to assemble peaceably without arms.
• Restrictions on assembly must adhere to Article 19(3), allowing reasonable restrictions in the interest of sovereignty, integrity, or public order.
• The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifically Section 163, is criticized for granting wide discretion to the executive to prevent public disturbance.
• The Supreme Court in Himmat Lal vs Commissioner of Police (1972) distinguished reasonable regulation from arbitrary exclusion of assembly.
• The denotification of Jantar Mantar as a protest site is seen as undermining the right to assembly by moving protests to inaccessible areas.
• The Supreme Court directed the designation of "suitable alternative sites" for protest when hearing petitions challenging a blanket transport ban to Delhi.

Key Concepts Involved:

• Right to Assembly: A fundamental right under Article 19(1)(b) allowing citizens to gather peaceably without arms.
• Reasonable Restrictions: Limitations imposed by the state on fundamental rights under Article 19(3) in the interest of public order, sovereignty, or integrity.
• Chilling Effect: The suppression of legitimate exercise of rights due to fear of legal sanctions or government reprisal.