The Supreme Court on Monday reaffirmed that every citizen has a constitutionally guaranteed right to peaceful and lawful protest, observing that the use of force by authorities cannot be justified merely because an agitation is taking place.
Hearing a case on police action during protests, a Bench led by Chief Justice of India (CJI) Surya Kant said peaceful protests are protected under the Constitution and stressed that both alleged police excesses and violence by protesters must be examined fairly, NDTV reported.
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“There cannot be a lathi charge just because there is an agitation. So long as it is a peaceful agitation, the right to peaceful, lawful protest is absolutely guaranteed under the Constitution,” the CJI observed.
The Bench, however, made it clear that violence during protests would not be condoned, saying any such incidents must also be subject to scrutiny.
The Supreme Court said allegations of police excesses should be investigated wherever they arise.
The Bench also said government must explain why police personnel injured during protests were not provided adequate protective gear, underscoring that the safety of law enforcement officers is equally important.
The court stressed that accountability must apply equally to all sides, saying incidents during protests should be examined objectively rather than through a one-sided lens.
During the hearing, the Bench also indicated that it would consider framing pan-India uniform guidelines governing police action during protests.
“It is a question for all of India… This uniformity in protocol is also… Those who are responsible… what kind of mandatory guidelines… Self-discipline is integral to the entire process,” the CJI observed.
The observations come amid increasing scrutiny of police responses to public demonstrations across the country. The Supreme Court's remarks reinforce that peaceful protest remains a fundamental democratic right, while making it clear that neither unwarranted police action nor violence by demonstrators can be justified under the law.
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