Right to Protest Must Be Protected, but the Law Cannot Be

CNN Central News & Network-ITDC India Epress/ITDC News Delhi: Right to Protest Must Be Protected, but the Law Cannot Be Ignored

Peaceful protest is an essential feature of democracy. It gives citizens the opportunity to question those in power, express disagreement, demand accountability and draw public attention to issues that may otherwise remain unheard. In a country as diverse as India, the right to assemble peacefully is not merely a constitutional principle; it is an important instrument through which democratic participation finds expression. However, this right must operate within a framework that also protects public safety, essential services and the rights of other citizens. The controversy surrounding the proposed October 10 protest by the Cockroach Janata Party (CJP) at Delhi’s Jantar Mantar has once again brought this delicate balance into focus.

The Delhi Police denied permission for the proposed demonstration, citing the short notice given by the organisers, alleged non-compliance with conditions during an earlier protest, and concerns relating to public safety, law and order and traffic management. According to the police, the application was received on October 7, only three days before the planned event, whereas the prescribed guidelines require advance notice of at least ten days. The authorities also referred to prohibitory restrictions in the New Delhi area. The Supreme Court, while hearing concerns over the restrictions imposed ahead of the demonstration, questioned why the organisers had not challenged the denial of permission through the appropriate legal process.

The issue, therefore, is not simply whether a political group should be allowed to protest. It is about how democratic rights can be exercised responsibly while ensuring that the administration does not use procedural requirements as an arbitrary barrier to public dissent.

A designated protest site such as Jantar Mantar exists precisely because democracies need spaces where citizens can gather and express their views. The right to peaceful assembly is protected under Article 19 of the Constitution, subject to reasonable restrictions prescribed by law. Such restrictions may be necessary to prevent violence, maintain public order and protect the rights of others. Yet, the existence of restrictions must not be interpreted as giving the administration unlimited discretion to permit or prohibit demonstrations without transparent and defensible reasons.

If the authorities have established procedures for seeking permission, organisers are expected to follow them. Advance notice allows the police to assess the likely size of a gathering, plan security arrangements, regulate traffic and coordinate emergency services. Where a previous demonstration has allegedly violated agreed conditions, the administration may reasonably consider that record while assessing a new application. Organisers, too, must understand that democratic rights come with responsibilities. A political cause does not automatically exempt anyone from the law.

At the same time, the administration must ensure that permission procedures remain fair, consistent and proportionate. Rules should facilitate peaceful demonstrations rather than make them practically impossible. Applications should be assessed on objective grounds, and refusals should clearly state the reasons behind them. Where a protest can be accommodated through reasonable conditions, authorities should consider alternatives such as a regulated gathering, a defined time window, participant limits or a suitable location. The response should be guided by evidence and necessity, not by the political position of the organisers.

Another significant concern is the wider impact of restrictions imposed around a proposed protest. Reports concerning the October 10 demonstration indicated that authorities were considering extensive measures affecting Delhi Metro stations and transport services. Such steps can have consequences far beyond the intended protest site, particularly for office workers, students, patients, traders and daily commuters.

Public safety must remain a priority, but preventive measures should be carefully calibrated. Restricting access to a protest area may sometimes be necessary; disrupting large parts of a city should require a clear and compelling justification. Essential transport and emergency services must continue wherever safely possible. Authorities should communicate restrictions well in advance, provide alternative routes and avoid imposing disproportionate inconvenience on citizens who have no connection with the demonstration.

The role of the judiciary in such situations is equally important. Courts must protect constitutional freedoms while recognising the practical responsibilities of public authorities. When a permission request is rejected, organisers should use available legal remedies rather than assume that the rejection can simply be ignored. Equally, the administration must be prepared to justify its decisions before the courts. Judicial scrutiny can help ensure that neither the right to protest nor the responsibility to maintain public order becomes an excuse for arbitrary action.

Democracy cannot function effectively if citizens are discouraged from raising difficult questions. Equally, public disagreement cannot be allowed to turn into disorder or disregard for lawful directions. The strength of a democratic system lies in its ability to accommodate dissent without compromising public safety, and to enforce rules without weakening fundamental freedoms.

The lesson from the Jantar Mantar controversy is clear: the right to protest must be protected, but the process governing it must also be respected. Organisers must act responsibly, police authorities must exercise their powers transparently, and restrictions must remain reasonable and proportionate. A mature democracy does not fear peaceful dissent, nor does it treat every demand for protest as automatically overriding the law. It creates a fair space where citizens can be heard, authorities can maintain order, and constitutional rights remain meaningful in practice.

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