It has been shown that the political establishment encourages the use of police power to obstruct the exercise of those rights.
Does the government have the right to restrict the right of protest by citizens?
Although the SC judgment upholds the constitutional right to protest as a fundamental right of speech and assembly, it challenges the fundamental right on the grounds that once the right to protest is denied, the protester cannot protest.
Peaceful protest has been recognized as a constitutional right by the Supreme Court in its judgment. As the Court correctly observed:
“The basic characteristics of a democratic system are freedom of speech, peaceful assembly, and protest. In a democratic country like ours, people are free to criticize the decisions and actions of the government or even express their resentment over the government’s actions on any social or national issue. Government must respect, and even encourage, such rights. As understood in its comprehensive sense, it is the abundant duty of the State to allow people to exercise the right to freedom of speech in its broadest sense, without thwarting or frustrating that right by exercising its executive or legislative powers and passing orders or taking actions in this direction”.
October 1, 2023, AIM Mumbai 23 Protest Call:
AIM had previously informed the police and obtained their permission regarding a peaceful protest on Sunday in front of Gaiety Galaxy G7 Theatre, Bandra, Mumbai.
When AIM was protesting against the propaganda film The Vaccine War, displaying all Anti-Vaccine and Vaccine deaths banners, a police van suddenly pulled up and stopped protesting that sec149 prohibits assembling more than five people.