Peaceful dissent is a constitutional right
Supreme Court Justice Ujjal Bhuyan has warned that the criminalization of peaceful dissent is weakening India's democratic foundations. He emphasized that bail should not be used as a punitive measure and that the right to protest is a fundamental constitutional guarantee.
Why it matters
The remarks highlight growing concerns among legal experts regarding the use of incarceration to suppress political opposition.
In every constitutional democracy, the right to disagree with the government is not a privilege granted by those in power; rather, it is a fundamental right guaranteed by the Constitution. The freedom to question, criticise, protest, and seek accountability forms the very foundation of democratic governance. When these freedoms are curtailed through the use of criminal law, prolonged incarceration or arbitrary restrictions on speech and assembly, democracy itself begins to weaken.
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