Things to know about Right to Protest

The Freedom of Speech and Expression is guaranteed to all citizens as per the Indian Constitution—Article 19(1)(a). The citizens have the right to assemble peaceably and without arms as per Article 19(1)(b).

Thus, as per the Constitution of India, people can express their concerns legally.

However, certain clauses under Article (19) – Article (19) (2), (3) and (4) restrict the rights to maintain the sovereignty of the country, friendly relations with foreign states and public order. The reasonable restrictions will also apply if there is a contempt of court and if an agitation leads to an offence.

Here are certain things to know about the Right to Protest:

• The Law and Order is a state subject; hence those who want to protest or gather should have to take permission from the government. The permissions vary with each state.
• Make sure that you have the permission of the Police and a No-Objection Certificate (NOC) from them while protesting. The police can grant or deny permission based on the situation. If they feel that the protest or rally will lead to unrest or hinder peace, they can deny permission.
• If you are using vehicles or stages, you will have to provide their fitness certificate as well. You will have to get a separate license for using loudspeakers at the gathering.
• You should have to mention the details of protest in the petition and submit to the police.
• You have to provide your details including your name, phone number and address, and other details including the date of rally and duration, the reason for protest, the number of people that participate in the rally and the route they will undertake for it.
• You will have to submit your proof of identity and proof of residence along with your photograph and an affidavit.
• You need to get the acknowledgement of your letter, application or petition from police officers within 24 hours of your submission.

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