Symbolic photo- The Constitution of the country gives to every person Right to Peaceful Demonstration
- According to the constitution this right can be properly banned
- Under Dikar you can not affect the rights of other
- any does not allow violence to encompass performance constitution
New Delhi
Picket-demonstration constitutional right . Every citizen has this right under the expression of the idea. The scope of the law is to allow sit-in demonstrations in a peaceful manner, but there is also a provision for reasonable restriction. Legal experts say that the right to peaceful strike-demonstration within the scope of law is democratic and constitutional right, but this should not affect the other's right. Violence is not allowed under the cover of protest.
The Supreme Court has said in the judgments from time to time that in a democratic country the right to raise voice is very important but if necessary, the government can also put a reasonable stop in it. The provisions of Fundamental Rights have been made between Articles 14 to 32 of the Constitution . Under this, the right to equality is given, that is, everyone is treated equal before the law. There is no provision for any discrimination with anyone on the basis of gender, caste, religion or region. Also, the right to 'right to freedom' is available. It includes rights of thought expression. Under this, any person can sit, protest or give speech etc. under the purview of law. Under Article 19, every citizen has the right to the idea and expression.
The Constitution also talks about the ban
Advocate Karan Singh states that the right to picket is vested under the Fundamental Right but this right is not absolute. That is, as soon as the other's rights are affected, your rights become limited. There may be a sit-in demonstration within the scope of the law, but during this time no law can take over. For example, if someone blocks a path, the other's rights are affected.
It is illegal if someone commits arson or violence. Such a person can be prosecuted. Demonstration is a fundamental right but the government can put a reasonable stop. If a person spreads rumors on social media or any other way, creating hatred in two communities, then there is a provision to register a case against him under sections 153 and 153-A of the IPC.
The right of another is not affected
Retired Justice S. of Delhi High Court. N. Dhingra explains that in a democratic country like India, the right to picket-display lies in the right to expression. Idea under Article 19 (1) is the right to expression. Under this, any citizen can stage a sit-in to raise his voice, but it should be under the picket-display law. That is, if a magistrate has imposed prohibitory order 144 in any area, then there can be no protest demonstration there. Magistrate can impose Section-144. If anyone violates it the police can take action. At the same time, there may be a sit-in and demonstration in the area fixed by the government, it cannot be held in the area where it is forbidden. The right to express expression is not absolute, but Article 19 (2) of the Constitution has reasonable restrictions and under which the government can restrict or prohibit the picketing.
The court said – Government can impose reasonable restriction
The Supreme Court gave an important decision in this context on 23 July 2018. While allowing the sit-in and demonstration at Jantar Mantar, the court had asked the authority to ensure that the common urban dwellers during the picket and demonstration are not disturbed and their rights are not affected. The court then said that protesting in a legal way is the hallmark of democracy. The Supreme Court said that the right to picket and display is a fundamental right but at the same time the government can also put a reasonable prohibition. The Supreme Court has said that rights of expression are important. The question is not whether the performance is justified or not. The fundamental question is that the affected people have the right to raise their voice in democracy.
In another judgment on 16 November 2017, the Supreme Court said that the right to express expression is sacred and unalterable and cannot be interfered with in general. The Supreme Court, in its judgment on 9 August 2018, had said that every citizen has the right to protest and protest in a peaceful manner. But this cannot be allowed by creating violence or violent situation.
Way of writ in violation of fundamental right
The High Court and Supreme Court can be approached in case of violation of Fundamental Rights. It has the right to petition in the Supreme Court under Article-32 of the Constitution and in the High Court under Article-226. The petitioner has to tell the court how his fundamental right is being violated? The writ can be filed even if the basic right of another person or people in the society is violated. Writ cannot be filed in lower court. PIL is filed in case of violation of basic rights of common man.
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