Recently, In Bihar, for the last 3-4 days, there have been incidents of youth and students stopping trains and blocking railway tracks at different Railway stations. The protest is regarding the RRB NTPC Result. Protest is being increased day by day. In many places, police have used force to tackle the situation and many police case has also been registered against more than 500 protesters. Despite such things, there have also been demonstrations in Patna, Arrah, and Nalanda. The protest has also caused problems to the general public as many trains have been diverted and many are running late.
The protesters contend that according to the RRB NTPC Recruitment notification, CBT-1 is just a screening test. Its marks will not be added to the main examination. Further, RRB had to declare qualified candidates 20 times of the total posts zone-wise. But considering the number of posts in different slots by RRB, 20 times the candidates have been declared qualified for each slot separately.
This has caused a conflict between the state and the students. In this article, we will see whether the students have a fundamental right to protest or not?
CONSTITUTION AND THE RIGHT TO PROTEST
Article 19 of the Indian constitution provides the freedom of speech and expression. Although, the ‘Right to protest’ has not been provided as an explicit right under the Fundamental rights. However, it has been derived from the Freedom of speech and expression under Article 19.
Article 19 of the Indian Constitution reads as “Protection of certain rights regarding freedom of speech etc. (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (g) to practise any profession, or to carry on any occupation, trade or business.
Under Article 19 (1) (a), citizens get the right to have free speech and expression which transforms into the right to freely express an opinion on the conduct of the government. In this way, people can express their dissenting opinion towards the act of the government. While, Article 19 (1) (b), enables the citizen to form associations for political purposes. This article is used for the purpose of collectively challenging the decision of the government. Further, Article 19(1)(c) gives the right to peacefully assemble to question and object to acts of the government by demonstrations, agitations, and public meetings, to launch sustained protest movements.
However, the Rights given under Article 19(1) are not absolute, and reasonable restrictions can be imposed on it. The reasonable restrictions can be imposed in the interests of the following: Sovereignty and integrity of India, Security of the State, friendly relations with foreign States, Public order, Decency or morality, Contempt of court, Defamation, Incitement to an offense.
DO WE HAVE THE RIGHT TO PROTEST? JUDICIAL APPROACH
Supreme Court, while hearing the plea in Shaheen Bagh Protest in the year 2019, upheld that the citizen has the right to peaceful protest against the law. However, it was also observed that public ways and public spaces cannot be occupied and that too indefinitely.
Supreme court in the judgment of Mazdoor Kisan Shakti Sangathan v. Union of India and Another case (2018), 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.
The Supreme court in the judgment of Ramleela Maidan Incident Re, observed that threat to go on strike is also a part of freedom of speech and expression.
Further, in the judgment of Ramlila Maidan Incident v. Home Secretary, Union of India & Ors. case (2012), the Supreme Court had stated, “Citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action”.
CONCLUSION AND THE WAY FORWARD
Protest is a way to show dissatisfaction towards the action of the government. Article 19 gives liberty to express one’s view, opinions, and beliefs, which is a must in a democratic nation like India. It is a bulk ward of a healthy and progressive democratic society. It enables the creation of new ideas and knowledge. Further, it also helps in finding the truth, building tolerance and receptivity.
The right to have speech and expression means the right of express one’s conviction and opinion freely by words of mouth, writing, printing, or any other mode that informs the basis of democracy.
In the present incident, where students at such large number is protesting against the RRB NTPC Result is totally valid, and they are merely exercising their Fundamental right enshrined under Article 19 of the Constitution.
However, some news has come into the light where it has been shown that they are destroying public property, which is not legally sanctioned. Resorting to violence during the protest is a violation of a key fundamental duty of citizens, Enumerated Under Article 51A, the Constitution makes it a fundamental duty of every citizen “to safeguard public property and to abjure violence”.
However, on many occasions, we have seen that government doesn’t take action until and unless citizens don’t create so much pressure. We must here to quote the lines of Bhagat singh, “baharon ko sunaane ke lie dhamaake kee jaroorat thee”.
Supreme court in the Judgment of S. Rangarajan v. P. Jagjeevan Ram, while overturning the judgment of the High court observed that Freedom of speech and expression can’t be curtailed on account of public disorder and violence. The court observed that it is the duty of the state the freedom of citizens, it can’t plead its inability to handle the violent audience.
Further, at this juncture, we must refer to the poem of ‘Dushyant Kumar’, “ho gaee hai peer parvat-see pighalanee chaahie, is himaalay se koee ganga nikalanee chaahie, aaj yah deevaar, paradon kee tarah hilane lagee shart thee lekin ki ye buniyaad hilanee chaahie har sadak par, har galee mein, har nagar, har gaanv mein haath laharaate hue har laash chalanee chaahie sirf hangaama khada karana mera makasad nahin meree koshish hai ki ye soorat badalanee chaahie mere seene mein nahin to tere seene mein sahee ho kaheen bhee aag, lekin aag jalanee chaahie”.
To handle the current Protest the government must have to listen to the voice of the genuine students’ demands and should take some positive decisions.
In the light of the Indian Constitution and various judicial pronouncements, we can conclude that the students have the Fundamental Right to Protest. Further, In the world’s most democratic country we should never try to suppress the voice of the citizens. It is their fundamental right to raise the concern.