JAMMU, Jul 22: Senior Supreme Court Advocate and Distinguished Fellow at the International Law Centre, Ashok Bhan, has emphasized that peaceful protest is a cornerstone of Indian democracy and that any allegation of excessive use of state power against peaceful demonstrators must be subjected to a fair, impartial and transparent inquiry.
Speaking at a meeting of young lawyers organised by the Lawyers Guild, Bhan said recent reports regarding the police response to a protest organised by the Cockroach Janata Party have once again raised important constitutional questions about the protection of democratic dissent.
He said the Constitution of India guarantees every citizen the freedoms of speech and expression, peaceful assembly and association under Articles 19(1)(a), 19(1)(b) and 19(1)(c). While these rights are subject to reasonable restrictions, he stressed that such restrictions must always be lawful, necessary and proportionate.
Bhan observed that if a peaceful demonstration is met with disproportionate police action, arbitrary detention or excessive use of force, it raises serious constitutional concerns. He maintained that accountability is not directed against the police as an institution but is essential for maintaining public confidence in the rule of law.
He said the police are guardians of the Constitution and their primary responsibility is to facilitate peaceful democratic expression while maintaining public order. According to him, the use of coercive powers should remain an exception rather than the norm, and democratic governments demonstrate their strength through dialogue, restraint and adherence to constitutional principles.
Referring to Supreme Court observations on democratic dissent, Bhan said peaceful disagreement should never be treated as disorder merely because it challenges those in authority. He added that constitutional freedoms apply equally to every citizen, political party and civil society organisation, irrespective of political affiliation.
He further noted that India’s freedom movement was founded on peaceful public mobilisation and civil disobedience, making it imperative that independent India continues to preserve democratic space and constitutional liberties.
At the same time, Bhan underlined that organisers of public demonstrations also have a responsibility to ensure protests remain peaceful, disciplined and respectful of the rights of others, while rejecting violence and damage to public property.
Calling for “constitutional statesmanship,” Bhan urged the government to reassure citizens that peaceful dissent would remain protected. He also appealed to police authorities to strengthen professionalism, restraint and accountability, and called upon civil society and political leaders across the political spectrum to reaffirm their commitment to democratic values.
He concluded that the true strength of a democracy lies in its ability to protect the rights of those who peacefully disagree with the government, describing this principle as essential to preserving the constitutional promises of liberty, justice and equality for every Indian.