The right to protest and the right to mobility are both fundamental rights that are protected under the law.
The right to protest
The right to protest is the right of individuals and groups to express their views, grievances and demands through peaceful assembly, marches, demonstrations, and other forms of collective action. It is protected under international human rights law, as well as under the constitutions of many countries. The right to protest is considered essential for the functioning of a democratic society, as it allows citizens to express their views and hold those in power accountable.
Right to Protest in Indian Constitution
The right to protest is protected under the Indian Constitution as a part of the freedom of speech and expression, as well as the freedom of assembly and association.
Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression, which includes the right to express one’s views and opinions through peaceful assembly, marches, demonstrations, and other forms of collective action.
Article 19(1)(b) of the Indian Constitution guarantees the right to assemble peaceably and without arms, which includes the right to participate in peaceful protests and demonstrations.
Article 19(1)(c) guarantees the freedom of association, which includes the right to form or join organizations and groups, including those advocating for social and political change.
However, these rights are not absolute and can be restricted by the state under certain circumstances. According to Article 19(2) of the Indian Constitution, the state can impose reasonable restrictions on the exercise of these rights in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
It is worth mentioning that the Indian Constitution also empowers the state to take measures to ensure public order, safety and tranquility. Therefore, the state has the right to impose reasonable restrictions on the right to protest in order to maintain public order, safety and tranquility. The state can also impose restrictions on the time, place and manner of the protest.
In conclusion, the right to protest is protected under the Indian Constitution, but it is not an absolute right and can be restricted by the state in certain circumstances as long as it is done in a reasonable and non-arbitrary manner.
The right to Mobility
The right to mobility, on the other hand, is the right to move freely within a country and to travel abroad. It is protected under international human rights law, as well as under the constitutions of many countries. The right to mobility is considered essential for the enjoyment of other rights, such as the right to work, the right to education and the right to access healthcare.
The right to mobility in indian constitution
The right to mobility is not explicitly mentioned in the Indian Constitution, but it is implied in several provisions of the Constitution.
Article 19(1)(d) of the Indian Constitution guarantees the right to move freely throughout the territory of India, which includes the right to travel within the country without any restrictions.
Article 19(1)(e) guarantees the right to reside and settle in any part of the territory of India, which includes the right to move to any part of the country and take up residence there.
Additionally, Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which has been interpreted by the courts to include the right to travel abroad.
Like the right to protest, the right to mobility is not an absolute right and can be restricted by the state under certain circumstances. For example, the state can impose restrictions on the right to mobility for national security reasons or for the protection of public health and safety.
It is worth mentioning that The Indian constitution also empowers the state to regulate the movement of people and goods through laws. Therefore, the state has the power to impose restrictions on the right to mobility by imposing travel restrictions, quarantine measures and other regulations during an emergency or crisis.
In conclusion, the right to mobility is protected under the Indian Constitution, but it can be restricted by the state in certain circumstances as long as it is done in a reasonable and non-arbitrary manner.
Conflict between The right to Protest and the right to mobility
While both rights are important, there may be situations in which they come into conflict. For example, during a large-scale protest, the right to mobility of other citizens may be restricted due to road closures, traffic disruptions, or other security measures put in place to manage the protest. In such situations, the government has a responsibility to balance the rights of protesters with the rights of other citizens, and to ensure that any restrictions on the right to mobility are proportionate and necessary.
The Shaheen Bagh Protest
The Shaheen Bagh protest was a peaceful sit-in protest that began in December 2019 in Shaheen Bagh, a neighborhood in South East Delhi, India. The protesters, mostly Muslim women, were protesting against the newly passed Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) which the protesters believed would discriminate against the Muslim community and threaten their citizenship.
The protest was significant because it was led by Muslim women, who have traditionally been underrepresented in Indian politics. The protest was also notable for its peaceful nature, with the protesters holding daily sit-ins, speeches, and cultural performances. The protest continued for several months and became one of the largest and longest-running protests against the CAA and NRC.
However, the protest also drew criticism from some quarters, with some accusing the protesters of disrupting traffic and causing inconvenience to the public. The police also faced criticism for their handling of the protest, with some accusing them of using excessive force to disperse the protesters.
The protest also became a political issue, with some political parties and leaders supporting the protest, while others criticized it. The protest also led to a nationwide debate about the rights of citizens to protest and the role of the state in handling protests.
The Shaheen Bagh protest ended in March 2020 due to the outbreak of COVID-19 pandemic and the nationwide lockdown. However, the issues that prompted the protest continue to be a matter of public debate.
Shaheen Bag Protest and Right to Mobility
The Shaheen Bagh protest, which was a protest in the Shaheen Bagh neighborhood of Delhi, India, had an impact on the right to mobility of the citizens in the area. The protesters were misguided about the newly passed Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) which they claimed would discriminate against the Muslim community and threaten their citizenship, what was not even true.
The protest, which took place on a major road connecting Delhi and Noida, caused significant disruption to traffic and mobility in the area. The road was blocked for several months, causing inconvenience to commuters, businesses and residents in the area. The protesters, however, argued that their right to protest and to seek redress for their grievances was more important than the temporary inconvenience caused to commuters.
The police faced criticism for their handling of the protest, with some accusing them of using excessive force to disperse the protesters and not doing enough to ensure the protesters’ safety. The police, on the other hand, argued that they had to balance the right to protest with the right to mobility and public safety.
The Shaheen Bagh protest highlighted the tension between the right to protest and the right to mobility. While both rights are important, there may be situations in which they come into conflict. In such situations, the government has a responsibility to balance the rights of protesters with the rights of other citizens, and to ensure that any restrictions on the right to mobility are proportionate and necessary.
Impact of Shaheen Bag Protest on the Right to Mobility
It is true that the Shaheen Bagh protest had an impact on the right to mobility of citizens in the area. The protest, which took place on a major road connecting Delhi and Noida, caused significant disruption to traffic and mobility in the area. The road was blocked for several months, causing inconvenience to commuters, businesses, and residents in the area.
It is important to note that while the right to protest is protected under the Indian Constitution, it is not an absolute right, and it can be restricted by the state in certain circumstances. The state has the power to impose restrictions on the time, place and manner of the protest to ensure public order, safety and tranquility.
In situations where the right to protest and the right to mobility come into conflict, the government has a responsibility to balance the rights of protesters with the rights of other citizens and to ensure that any restrictions on the right to mobility are proportionate and necessary.
In short, the right to protest should be protected and respected, but at the same time, it should not be done at the cost of violating other people’s rights, especially the right to mobility. The authorities should take measures to minimize any negative impact of the protest on other citizens and ensure that the protesters follow the guidelines and regulations.