Protecting protest, Pg6

Key Highlights:

• The Supreme Court has initiated hearings on petitions concerning alleged disproportionate force by police during recent protests, including incidents in Delhi and Siwan, Bihar.
• The Court is also considering pleas from police personnel families alleging assault during these agitations.
• The Chief Justice of India's remark on protests requiring "due permission and at designated places" has sparked debate regarding the right to protest.
• The article highlights the need for a national protocol to standardize crowd control measures, given that policing is a State subject under the Seventh Schedule of the Constitution.

Detailed Insights:

• The recent protests were initially underestimated by the government, leading to increased student anger and entrenchment of the agitation.
• Videos reportedly showed police using lathis studded with nails and tear gas during a crackdown on July 20.
• A concern raised is the potential for under-equipped police to escalate force out of fear, contrasting with international best practices for graduated responses in crowd control.
• The credibility of investigations into police excess force is questioned when the same police force conducts the inquiry.
• The democratic purpose of a protest is to inconvenience the state, and limiting it to state convenience risks undermining this constitutional right.
• While the state must prevent violence and maintain essential services, the judiciary should distinguish between public inconvenience caused by peaceful disruption and actual violence.
• A unified set of procedures for policing is advocated due to varying training, equipment, and escalation rules across states.
• Such a national protocol could standardize thresholds for high-impact crowd-control measures and mandate documentation of force used, medical assistance, and independent inquiries into serious injuries.

Key Concepts Involved:

• Right to Protest: A fundamental right derived from Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(b) (right to assemble peaceably and without arms) of the Indian Constitution.
• Proportionality: A legal principle ensuring that any restriction on a fundamental right or state action is rational, necessary, and not excessive in relation to its objective.
• Seventh Schedule: A part of the Indian Constitution that divides legislative powers between the Union and State governments into three lists: Union List, State List, and Concurrent List, with 'police' being a subject under the State List.