Contemporary manifestations ranging from student grievances over competitive exam mismanagement (e.g., NEET) to cyber-activism highlight a growing youth discontent and shifting modes of democratic expression.
Constitutional Provisions Related to Right to Protest
- Article 19(1) (a): Enables citizens to criticise government actions by guaranteeing freedom of speech and expression.
- Article 19(1) (b): Safeguarding the right to peacefully assemble.
- Article 19(2) and (3) render these rights subject to 'reasonable restrictions such as public order, sovereignty, security, decency or morality.
Core Ethical Dilemmas Associated
- Rule of Law vs. Constitutional Rights: Authorities must weigh the democratic right to free speech and peaceful assembly under Article 19 against the state's duty to maintain public order and enforce reasonable restrictions.
- Coercion vs. Communication: A major dilemma for the administration is deciding when dialogue should take precedence over preventive detention, lathi-charges, or internet suspensions.
- Proportionality and Force: Using force against disruptive or unruly crowds raises questions about moral correctness, proportionality, and whether state excess violates human dignity even during civil unrest.
- Inaction vs. Escalation: Choosing to ignore minor disruptions to avoid violent crackdowns risks emboldening unlawful behavior and escalating larger public inconveniences.
- Citizen Responsibility: Protesters face ethical boundaries regarding property damage (Article 51 A), public safety, and avoiding hate speech that undermines the legitimacy of their cause.
Key Supreme Court Judgments
|