'Agitation does not mean lathicharge': SC on police action against students protesting paper leak
The Supreme Court of India has ruled that peaceful protest is a constitutional right and that agitation does not justify police lathicharges. The court called for a uniform, nationwide protocol to manage protests while balancing the safety of both demonstrators and police.
Why it matters
This judicial intervention sets a legal precedent for how law enforcement should handle civil unrest and protects the right to dissent in India.
NEW DELHI: The Supreme Court on Monday said the right to peaceful protest is constitutionally guaranteed and that the mere existence of an agitation cannot justify alleged police excesses against demonstrators.A bench led by Chief Justice of India Surya Kant made the observations while hearing pleas alleging police excesses against students during the July 20 protests over the NEET paper leak.The bench also indicated that a uniform nationwide protocol was needed to facilitate peaceful protests while enabling authorities to act against anti-social elements."Right to peaceful protests is in the Constitution. Right to peaceful protest is absolutely guaranteed. That cannot be denied. Merely because there is agitation cannot justify police excess," the CJI observed.Emphasising the need to protect both protesters and law enforcement personnel, the bench said, "Agitation does not mean lathicharge.
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