Source – Madras High Court

Why in News?

The bench of Justice L Victoria Gowri held that in every democratic society, holding peaceful and orderly demonstrations through protests are the privileges so ensured to the citizens.

• The Madras High Court gave this observation in the case of J Jayaraj and Others v. The Chief Educational Officer.

What is the Background of J Jayaraj and Others v. The Chief Educational Officer Case?

• The petitioners are Secondary Grade Teachers working in various Panchayat Primary Union and Middle Schools in various Unions of Karur District.
  • All of them are members of the Tamil Nadu Primary School Teachers Federation.
• There were issues with the preparation of the seniority list and seniority panel by the side of respondents which led to the agitation of petitioners.
• Since there was no response for the representation made by the Teachers Federation, the District Teacher's Federation decided to undergo “Waiting Agitation” in front of the District Educational Office.
• A group of teachers were suspended and then visited with charge memos for protesting peacefully as against the arbitrary exercise of administrative powers by the respondents.

What were the Court’s Observations?

• The Madras HC observed that “To be more specific, Article 19(1)(b) confers right to the petitioners to assemble and protest peacefully without arms and such a right is the significant feature of a democratic country likewise ours.
• Court further said that constraining the space for legitimate dissent arbitrarily by suspending the petitioners and issuing them with charge memos under Rule 17(b) of Tamil Nadu Civil Service (Discipline and Appeal) Rules, scuttling down the democratic value system guaranteed by our Constitution has to be undermined with iron hands.
  • The right to protest is an inherent part of speech and an inherent facet of the right to live guaranteed under Article 21 of our Constitution.

What is the Right to Peaceful Protest?

• History:
  • The right to peaceful protest in India has deep historical roots, dating back to the country's struggle for independence.
  • The nonviolent resistance led by Mahatma Gandhi played an important role in shaping India's destiny, proving the efficacy of peaceful protest in achieving transformative change.
  • The legacy of the freedom movement laid the groundwork for recognizing the right to peaceful assembly and expression in the independent Indian state.
• About:
  • The right to peaceful protest is not explicitly mentioned as a fundamental right in the Indian Constitution, but the right to freedom of speech and expression, as well as the right to assemble peacefully, are enshrined in the Constitution and are often considered as encompassing the right to peaceful protest.
• Constitutional Provisions:
  • These rights are provided under Article 19(1)(a) and Article 19(1)(b) of the Constitution of India, respectively.
    • Article 19(1)(a): "All citizens shall have the right to freedom of speech and expression."
    • Article 19(1)(b): "All citizens shall have the right to assemble peaceably and without arms."
  • It is also a part of Article 21 of the Constitution as Supreme Court affirmed in the case of Iftekhar Zakee Shaikh v. State of Maharashtra (2020).
• Reasonable Restrictions: While these rights are fundamental, they are not absolute. The government can impose reasonable restrictions on these rights in the interest of public on specified grounds under Article 19(2) of the Constitution as mentioned below:
  • Sovereignty and integrity of India,
  • Security of the State,
  • Friendly relations with foreign States,
  • Public order,
  • Decency or morality
  • Contempt of court,
  • Defamation
  • Incitement to an offence.
• Recent Protests:
  • Recently various movements, such as the anti-corruption protests led by Anna Hazare led to enactment of Lokpal and Lokayukta Act, 2013.
  • The recent farmers' protests in 2020 have demonstrated the power of collective action in influencing government policies and decisions of scrapping three farms bill in 2021.