Public demonstrations in Manipur: Legality or otherwise

Dr Konbrailatpam Ratnabali *

ILP : Meira Paibi Rally for pro-ILPS at Keishampat Crossing on July 21 2015 :: Pix - Shankar Khangembam

Demonstrations or protest are a means of expressing one's disagreement with or disapproval of a set of governmental action or inaction. There are also numerous instances day in and day out in Manipur where violence is used in such demonstrations leading harm to life and limb of people and destruction of public property. It is necessary to determine whether such acts are legal or not.

At the outset it needs to be appreciated as to what is the extent and scope of constitutionally guaranteed freedom of expression. This freedom is enshrined under Article 19(1)(a) of the Constitution as 'freedom of speech and expression' and is entitled to be enjoyed by all its citizens irrespective of any differences/ diversity that exist amongst them.

This freedom includes the freedom to express one's ideas and opinion through any communicable means or visible representation including written/print materials, speech as well as by act such sign, protest or demonstration.

It may be noted that freedom of speech and expression is not an unlimited right but it is subject to reasonable restrictions that the State is empowered to put on this freedom on any one or more grounds listed in clause (2) of Article 19, which includes 'security of state, friendly relation with foreign States, public order, decency and morality, contempt of court, defamation, incitement to offence and integrity and sovereignty of India'.

Meaning thereby, a protest or demonstration in exercise of the freedom of expression can be restricted on the above stated grounds particularly maintenance of public order, decency, incitement of offence etc.

But as long as a protest or demonstration is peacefully done without affecting any of the grounds on which reasonable restriction may be imposed, the freedom of expression should not be trampled with by enforcing preemptory restrain on it.

It may also be mentioned that freedom of expression in the form of protest and demonstration entails assembling of people at one or more place for the same to convey their message to the authorities and or the public at large.

The freedom to assemble peacefully which is part of 19(1)(b) includes the right to hold meetings and processions peacefully without arms. This right is subject to reasonable restrictions which the State is empowered to impose on the grounds of interest of sovereignty and integrity of India and public order as stated in Art. 19(3).

It is also pertinent to mention that a peaceful demonstration of more than five people may turn out to be an unlawful assembly as per section 141 of the Indian Penal Code if the common object of the persons in the assembly is to resist execution of any law or legal process, or commit any mischief or criminal trespass, or obtain possession of any property by force, or compel a person to do an illegal act or omit to do an act which he is entitled to or overawe the government by means of criminal force or show of criminal force or any public servant in the exercise of his lawful powers.

The common object to do such unlawful act/s may be made prior to assembling at that place or it may subsequently develop after assembling.

Such unlawful assembly may be ordered to be dispersed as per Section 129 of Criminal Procedure Code and its non-compliance will be treated as an offence under Section 151 of the Indian Penal Code.

Further it may also be noted that if there is a risk of obstruction, annoyance or injury to any person lawfully employed or danger to human life, health or safety or disturbance of public tranquility or riot or any affray, the magistrate of the concerned area is empowered to restrain such an assembly, meeting or procession under Section 144 of Cr.P.C. It may thus be concluded that use of violence in demonstrations etc. is not legitimate expression of one's opinion.

Free speech, press and expression are directly correlated to healthy democracy. In the absence of it, democracy will not survive and will tend towards autocracy. The right to protest or demonstrate of the citizens which forms part of this freedom should be respected by the State.

In fact such methods of expression have been used in the past too when our freedom fighters had voiced their opinion against the rule and policies of British raj as well to spread the message of freedom so as to fuel the movement to bring about social change at that time. In the interest of democracy, the public should use this right in appropriate manner to obtain lawful objectives and the State should not restrain it on the basis of mere apprehensions.