Source: Kerala High Court

Why in News?

Recently, the Kerala High Court in the matter of The Federal Bank Ltd. v. Federal Bank Officer's Association has held that no fundamental right to protest at any place the agitator pleases, and reasonable restriction can be imposed on the exercise of such right if proved to exist.

What was the Background of The Federal Bank Ltd. v. Federal Bank Officer's Association Case?

• In this case, the petitioner is the Federal Bank Ltd., is a banking company.
• The respondent is the Federal Bank Officers' Association, a trade union which comprises officers in the cadre of Scale 1 to III of the petitioner's Bank as its members.
• The Bank filed a suit before the Munisff ‘s Court for a permanent prohibitory injunction restraining the union, its members and supporters from obstructing the bank officials and customers from dealing with the bank.
• A temporary injunction was granted by the trial Court restricting demonstration within a 200-meter radius of the Bank premises.
• In appeal, the District Court modified this order and directed that the agitators be restrained from holding any demonstration in a manner obstructing peaceful functioning of the Bank.
• Thereafter, a petition was filed before the Kerala High Court.
• The High Court restricted any demonstrations, dharnas, shouting slogans within 50 meters from the premises of the offices of the bank.

What were the Court’s Observations?

• Single bench of Justice Kauser Edappagath observed that the right under Article 19 of the Constitution of India, 1950 (COI) is not absolute, and it must be exercised in a way as not to interfere with the right of the employer to carry on their lawful business. The court said freedom of speech and expression cannot interfere with the right of someone else to enjoy property or carry on business.
• It was further held that this right also cannot be exercised in such a way as to intimidate the employers into submission.

What is the Right to Protest?

About:

• The Right to Protest is not an explicit right under the Fundamental rights, it can be derived from the Right to Freedom of Speech and Expression under Article 19 of the COI.
• These rights, in cohesion, enable every citizen to assemble peacefully and protest against the action or inaction of the State.
• Right to Protest ensures that people can act as watchdogs and constantly monitor governments' acts.
• It provides feedback to the governments about their policies and actions after which the concerned government, through consultation, meetings and discussion, recognizes and rectifies its mistakes.

Constitutional Provisions:

• Article 19(1)(a): The Right to free speech and expression transforms into the right to freely express an opinion on the conduct of the government.
• Article 19(1)(b): The Right to association is required to form associations for political purposes. These can be formed to collectively challenge government decisions.
• Article 19(1)(c): The Right to peaceably assemble allows people to question and object to acts of the government by demonstrations, agitations and public meetings, to launch sustained protest movements.

Restriction on Right to Protest:

• Article 19(2) imposes reasonable restrictions on the right to freedom of speech and expression. These reasonable restrictions are imposed in the interests of the following:
  • 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

Case Laws

• Ramlila Maidan Incident v. Home Secretary, Union of India & Ors. case (2012), the Supreme Court had stated that citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action.
• Mazdoor Kisan Shakti Sangathan vs Union of India and Anr. (2018), the Supreme Court tried to balance the interests of local residents with those of protesters to hold demonstrations and directed the police to devise a proper mechanism for limited use of the area for peaceful protests and demonstrations and to lay down parameters for this