How do restrictions on peaceful protests impact the democratic rights of citizens in India?

Peaceful protest is a fundamental democratic right in India, protected under Article 19(1)(a) and 19(1)(b) of the Constitution, which guarantee freedom of speech and expression, and the right to assemble peacefully. Restrictions on peaceful protests, such as denial of permission by authorities, can have significant effects on these rights and the functioning of democracy.

• Limitation on Freedom of Expression: Restrictions prevent citizens from expressing their views, grievances, and demands in a public manner, which is essential for a healthy democracy.
• Weakening of Accountability: Protests are a way for citizens to hold the government accountable. Denying permission can reduce transparency and limit public scrutiny of government actions and policies.
• Chilling Effect: Frequent restrictions may discourage people from participating in future protests due to fear of legal consequences or police action, undermining civic engagement.
• Disproportionate Use of State Power: When authorities use broad or vague grounds to deny protests, it can lead to misuse of power and arbitrary decision-making, which is against democratic principles.
• Impact on Marginalized Groups: Groups like NREGA activists often represent the interests of the poor and marginalized. Restrictions can silence their voices and further marginalize their concerns.
• Judicial Stand: The Supreme Court has upheld the right to peaceful protest but also recognizes reasonable restrictions in the interest of public order. However, excessive or unjustified restrictions can be challenged as unconstitutional.
• Public Participation: Peaceful protests are a form of direct participation in democracy. Restrictions reduce opportunities for citizens to engage with and influence public policy.