Right to Assemble Peacefully: SC Reinstates Farmers’ Protest Site After Unjustified Ban
In late 2024, a group of farmers from Haryana were blocked from setting up a peaceful protest site in Delhi, citing "traffic concerns" and “law and order risks.”
They challenged the ban—and in a 2025 ruling, the Supreme Court not only allowed the protest but issued fresh guidelines on how governments must support—not suppress—peaceful gatherings.
The Law Behind the Right
Article 19(1)(b) protects the right to assemble peaceably and without arms.
The only restrictions permitted under Article 19(3) are:
- Public order
- Sovereignty of India
What the Court Said
- Citizens have a fundamental right to protest, even on government land
- Governments must allocate safe, accessible protest zones, especially for large-scale agitations
- Blanket bans without credible threats are constitutionally invalid
“Democracy doesn’t end where discomfort begins,” the bench observed.
Guidelines Issued
- Authorities must publish reasons for denial of protest space
- All protests must be evaluated through proportionality test (balance public order vs. democratic expression)
- Police must offer alternate routes, spaces, and times, not wholesale rejections
Impact
- Reopens space for farmers, workers, students, and civil society movements
- Reinforces courts as allies of protest rights
- Challenges the frequent misuse of Section 144 CrPC
A protest is not a nuisance—it’s a citizen’s voice in action.
RELATED Blog
0 comments