Supreme Court of India Affirms Right to Peaceful Protest

The Supreme Court of India declared on Monday that the right to peaceful protest is constitutionally protected and cannot be denied. A three-member bench led by Chief Justice Surya Kant stated that police excesses are not justified simply because an agitation is occurring. The court called for a uniform national protocol to regulate protests, including the designation of specific demonstration spaces, to ensure consistency across the country.

These observations stem from petitions alleging police brutality against students protesting NEET-UG paper leaks and examination irregularities. The unrest included a July 20 march in Delhi led by the Cockroach Janta Party and a protest bandh in Siwan, Bihar, where security forces allegedly used AK-47 rifles. Reports indicate at least 60 protesters were injured in Delhi. The court noted that the safety of all individuals is valuable, including police personnel, and questioned the lack of protective equipment such as helmets for officers.

Student-led protests were called off on July 25 following the resignation of Union Education Minister Dharmendra Pradhan. Solicitor General Tushar Mehta stated the government would assist the court objectively as it hears consolidated petitions, including a plea from the families of attacked police personnel.