×

UPSC Courses

DNA banner

DAILY NEWS ANALYSIS

  • 31 July, 2020

  • 7 Min Read

Protesting is a Fundamental Right

Protesting is a Fundamental Right

GS-Paper-2 International organisation (PT-MAINS)

Recently, the United Nations (UN) Human Rights Committee has reaffirmed that protesting peacefully, online or in person, is a fundamental human right. This statement has come in the backdrop of increasing demonstrations over issues like political rights and racial justice.

UN Human Rights Committee: It is tasked with monitoring how countries implement the International Covenant on Civil and Political Rights (ICCPR) 1976, which under Article 21 guarantees the right to peaceful assembly.

Latest Interpretation of the Right to Peaceful Assembly
Fundamental Human Right for People: To gather to celebrate or to air grievances in public and in private spaces, outdoors, indoors and online is a fundamental human right.

Protesters: Everyone, including children, foreign nationals, women, migrant workers, asylum seekers and refugees, can exercise the right of peaceful assembly.

Protection: Protesters have the right to wear masks or hoods to cover their face and that Governments should not collect personal data to harass or intimidate participants.

Role of Journalists and Human Rights Observers: They have the right to monitor and document any assembly, including violent and unlawful ones.

Government Obligations: Governments could not prohibit protests by making “generalised references to public order or public safety, or an unspecified risk of potential violence”. Governments cannot block internet networks or close down any website because of their roles in organising or soliciting a peaceful assembly.

Significance

The Committee’s interpretation will be important guidance for judges in national and regional courts around the world, as it now forms part of what is known as ‘soft law’.

The interpretation is a form of legal advice (not mandatory) from the Committee that monitors the International Covenant on Civil and Political Rights (ICCPR) 1976.

Indian Scenario:

India is a state party to the International Covenant on Civil and Political Rights (ICCPR).

The right to protest, to publicly question and force the government to answer, is a fundamental political right of the people that flows directly from a democratic reading of Article 19 of the Constitution of India.

Article 19 (1) (a) states that all citizens shall have the right to freedom of speech and expression.

Article 19 (1) (b) states that all citizens shall have the right to assemble peaceably and without arms.

However, the State can impose reasonable restrictions on the exercise of right of assembly on two grounds, namely, sovereignty and integrity of India and public order including the maintenance of traffic in the area concerned.

Further, Indian courts have reiterated that the right to protest is a fundamental right (Ramlila Maidan Incident v. Home Secretary, Union Of India & Ors. case -2012).

International Covenant on Civil and Political Rights

  • The ICCPR is a key international human rights treaty, providing a range of protections for civil and political rights.
  • The ICCPR, together with the Universal Declaration of Human Rights and the International Covenant on Economic Social and Cultural Rights, are considered the International Bill of Human Rights.
  • The Bill influences the decisions and actions of Government, State and Non-State actors to make economic, social and cultural rights a top-priority in the formation and implementation of national, regional and international policy and law.
  • The ICCPR obligates countries that have ratified the treaty to protect and preserve basic human rights, such as: the right to life and human dignity; equality before the law; freedom of speech, assembly, and association; religious freedom and privacy; freedom from torture, ill-treatment, and arbitrary detention; gender equality; the right to a fair trial; right family life and family unity; and minority rights.
  • The Covenant compels governments to take administrative, judicial, and legislative measures in order to protect the rights enshrined in the treaty and to provide an effective remedy.
  • The Covenant was adopted by the UN General Assembly in 1966 and came into force in 1976. 173 countries including India have ratified the Covenant.

Source: IE


What is Mission Indradhanush ?

Mission Indradhanush was launched in 2014 under the Ministry of Health and Family Welfare.  1. Between 2009 - 2013, only 1% coverage per year has increased. We have to make it to 5%. 2. Objectives of Mission Indradhanush: We have the aim of full coverage by 2020. Cover all those children who are either unvaccinated or are part

Mediation Bill 2021 - Detailed Overview

A Bill that could alter the Mediation landscape The background behind Mediation Bill:         In General, Disputes Became part and parcel of  Day-to-Day Life. Someone or the Other belonging to family or else not a part of the family would be fighting for something. These Disputes may be for Smaller or B

Military exercises of India

List of all Military Exercises of India 2021 Military Exercises of India with Neighbours Sampriti: India & Bangladesh Mitra Shakti: India & Sri Lanka Surya Kiran: India & Nepal Hand in Hand Exercise: India & China Ekuverin: India & Maldives Military Exercises of India with Other countries Maitree Exer

Consumer Protection Rules, 2021

Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 1) Pecuniary Jurisdiction The Consumer Protection Act, 2019 The Consumer Protection Act, 2019 promulgates a three-tier quasi-judicial mechanism for redressal of consumer disputes namely district commissions, state

Swachh Bharat Mission (Urban) 2.0

The Swachh Bharat Mission - Urban (SBM-U), launched on 2nd October 2014 aims at making urban India free from open defecation and achieving 100% scientific management of municipal solid waste in 4,041 statutory towns in the country. The objectives of the mission are mentioned below: Elimination of open defecation Eradication of Manual S

DNA

28 Jan,2022

Students Achievement

Search By Date

Newsletter Subscription
SMS Alerts