Right to Public Protest

  • Recently, the Supreme Court (SC) in Shaheen Bagh judgement has upheld the right to peaceful protest against the law but also cleared that public ways and public spaces cannot be occupied and that too indefinitely.
  • SC 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.
  • SC appreciated the existence of the right to peaceful protest against the legislation and held that “democracy and dissent go hand in hand, but ....
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