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Shaheen Bagh Verdict -Indefinite Protest – Supreme Court – Free PDF Download

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What was Shaheen Bagh Protest?

  • The protest led by women of Shaheen Bagh became the epicentre of anti protests across the nation against the passage of the Citizenship (Amendment) Act
  • It started on December 14, 2019 and ended on March 24, 2020 after a nationwide lockdown to prevent the spread of Covid-19 was imposed.
  • Shaheen Bagh is a locality in South East Delhi
  • The protesters blocked a stretch of the road for several months.

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Shaheen Bagh protest case

  • Petitions were filed to remove the blockade by protestors and open up the road.
  • As the protest was withdrawn after lockdown was imposed, the case pertaining to Shaheen Bagh has become unnecessary but the apex court delivered a verdict on protests of similar magnitude. (Farmer Protests ongoing)
    • Questions in front of SC bench
  • Can a public road be blocked for a long time?
  • When and where can protests be held?

Right to Protest Vs. The Right to Mobility

  • Public spaces and places can’t be occupied indefinitely whether in Shaheen Bagh or elsewhere.
  • The administration must keep such spaces free from obstructions. Not wait to fire from court’s shoulder.
  • Protest should be at designated places. Authorities should remove protests which are not being staged at designated places
  • Dissent and democracy go hand in hand but protests must be carried out in designated area.
  • No person or group of persons can block public places or carriage ways to demonstrate or express dissent.
  • The SC said right to peaceful protest is a constitutional right and it has to be respected.
  • But that does not mean agitating people should adopt means and modes of protest that was used against colonial rulers during struggle for independence.
  • Right to Protest was a fundamental right, albeit with reasonable restrictions.

 

 

 

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