Long after Shaheen Bagh became a potent symbol of democratic resistance against a discriminatory law, the Supreme Court has ventured to hold that any such indefinite blockade of a public pathway is unacceptable. And that the administration ought to take action to remove “encroachments and obstructions” placed during such protests. The Court’s assertion was made even while “appreciating the existence of the right to peaceful protest against a legislation”. On the face of it, the Court’s view arises from a straightforward balancing of two contrasting rights — the right to protest and the right to free movement. However, a moot question is whether the manner and content of a protest should always conform to forms deemed acceptable by the law. Protests, by their very nature, are not always rooted in legality, but rather derive legitimacy from the rightness of the underlying cause and the extent of public support. In many cases, they are against laws and regulations perceived as unjust. A flash strike, a spontaneous road block, a call for a complete shutdown, or a campaign to fill up jails by defying prohibitory orders — each of these is not, in a strict sense, legal; but, at the same time,… Read full this story
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The right balance: On Shaheen Bagh and the right to protest have 311 words, post on www.thehindu.com at October 10, 2020. This is cached page on X-Buy. If you want remove this page, please contact us.
