Click the Play button to listen to article

Students of the West Bengal National University of Juridical Sciences (NUJS), Kolkata, have condemned the detention of individuals and peaceful protesters in and around Delhi, expressing concern over what they described as unlawful curtailment of the constitutional right to peaceful protest.

In a statement, the students said that the detention of lawyers, journalists, students and other individuals participating in or documenting the demonstrations raised serious concerns regarding the exercise of police authority and the necessity and proportionality of such measures.

“The right to assemble peacefully and without arms is constitutionally guaranteed under Article 19(1)(b) of the Constitution of India,” the statement said, adding that the right was fundamental to democratic participation and the expression of dissent.

While acknowledging that reasonable restrictions could be imposed in accordance with law, the students said such restrictions must not become a means of arbitrarily curtailing peaceful assembly or suppressing constitutional freedoms.

The statement expressed particular concern over the detention of journalists while they were documenting events and carrying out their professional duties, stating that such action raised concerns about press freedom and the public's right to receive information.

It also flagged reports of members of the legal fraternity, including Senior Advocates and Advocates-on-Record (AORs), being subjected to such action. The students described this as an especially troubling development, considering the role of lawyers in upholding the rule of law and safeguarding constitutional rights.

The students further raised concerns over the reported involvement of police personnel without visible identifying badges, underscoring the need for accountability and transparency in the exercise of state power.

Although most of those detained had reportedly been released, the statement said the circumstances surrounding the incidents warranted serious scrutiny of the exercise of state power to curtail dissent.

“Peaceful dissent is an essential feature of democracy and not a threat to it,” the students said, adding that the exercise of constitutional rights must not be met with measures that unjustifiably restrict individual liberty or deter citizens from participating in democratic life.

The students called upon the concerned authorities to respect the constitutional right to peaceful protest, ensure that all persons detained in connection with the demonstrations were accounted for, and release those whose continued detention lacked lawful justification.

They further said that any restrictions on public assembly or movement must be imposed and enforced strictly in accordance with the Constitution and the law.

“As a student community committed to the study of law and the principles of constitutional democracy, we stand in solidarity with those exercising their right to peaceful protest,” the statement said, reiterating that the protection of civil liberties and the right to dissent were indispensable to a functioning democracy.

Tags: