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Right To Protest under Our Indian Constitution1

Right To Protest is not an explicit right under the fundamental rights, it can be derived from right to freedom of speech and expression under Article 19. There is a recent news that a bench led by Chief Justice of India(CJI) ordered the protesting doctors to resume work by 5 pm, 10 September failing which the state government will be authorized to take adverse action against them.

This news is related to the incident and the brutal murder happened in RG Kar Medical College. The incident happened before a month and still no justice has been done to the victim. Anti-Rape Bill was also passed by the CM but still the doctors protest is going on. They are demanding and waiting for justice.

Constitutional Provisions ensuring Right To Protest : 

1.Right To Protest is not an explicit right under the fundamental rights, it can be derived from right to freedom of speech and expression under Article 19.

Article 19(1)(a) : Freedom of speech and expression.

Article 19(1)(b) : Right to assemble peacefully and without arms.

Article 19(1)(c): Freedom to form associations and unions.

Article 21 : Right To Protest was an integral part of speech and essential aspect of right to live guaranteed under article 21 of the constitution.

Reasonable Restrictions to Right To Protest : 

Mentioned under Article 19(2) and 19(3) on the following grounds :

  • In the interest of the sovereignty and integrity of India.
  • The security of the state.
  • Friendly relations with foreign states.
  • Violation of Public order.
  • Decency or Morality of an offence.

 

Right to strike : Right To Protest

  1. The Right To strike in India is a significant aspect of labor rights, but it not an absolute or fundamental right.
  2. Legal Right : Instead it is a legal right that is subject to various conditions  and restrictions as outlined by the laws and judicial interpretations in the country .

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Learn more about anti rape bill in West Bengal:

https://www.thehindu.com/news/national/west-bengal/mamata-banerjee-tmc-government-table-anti-rape-bill-state-assembly-sept-3-2024/article68599857.ece

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