Right to Protest in India
Right to Protest: Context and Background
A 2023 study examined around 5,400 Section 144 orders issued across Delhi between January 2021 and 2022 — and found that only 1.5% of these orders related to actually prohibited unlawful assemblies, exposing how routinely the provision is used beyond its stated purpose.
Constitutional and Legal Framework: Right to Protest
Article 19(1)(a)
Protects freedom of speech and expression, the foundation of the right to protest.
Article 19(1)(b)
Protects the right to assemble peacefully and without arms.
Articles 19(2) & 19(3)
Permit the state to impose “reasonable restrictions” in the interests of sovereignty, integrity, public order, decency or morality.
Section 163, BNSS
Empowers an Executive Magistrate to issue written directions where immediate prevention or speedy remedy is necessary; orders cannot exceed two months unless legally extended.
- Citizens are free to organise protests, but governments may regulate where and how they take place.
- Demonstrations often require police permission and are confined to designated locations.
Key Supreme Court Judgments on Right to Protest
Challenges in Balancing Protest Rights and Public Order
Blanket Prohibitions
Authorities routinely convert permission requirements into blanket bans by refusing permission.
COVID-era Continuation
Conditions justifying original Section 144 orders during COVID-19 no longer held, but orders continued indiscriminately.
Designated Area Restrictions
Limiting protests only to designated areas may effectively nullify the right if such areas are inaccessible or inadequate.
Police Discretion
Wide police discretion in granting or refusing permission creates arbitrary and politically motivated restrictions.
