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‘No-Police-Permission’ Does Not Make Rallies, Gathering Unlawful: Constitution Preserved Fundamental Right of Citizens to Gather under ‘Right to Assemble without Arms’ of Article 19
TIWN Jan 28, 2022
‘No-Police-Permission’ Does Not Make Rallies, Gathering Unlawful: Constitution Preserved Fundamental Right of Citizens to Gather under ‘Right to Assemble without Arms’ of Article 19
PHOTO : 10323 teachers were arrested by Police. TIWN Pic Jan 27, 2022

AGARTALA, Jan 28 (TIWN): Biplab Deb Govt continues attempts to snatch public Rights. In Tripura, for the last four years “Unlawful Gathering” term has been used by police, administration to target the oppositions and any common section of people raising demands. But the fact is that the public doesn’t need police permission for any lawful gathering if the police do not permit groundless factors. “Corona-virus” restrictions are being used as a weapon against the opposition in Tripura whereas no rule was imposed ever on the ruling party’s mask-less gatherings. Yesterday Supreme Court in a verdict mentioned that the Election Virus desperately attempts to attack the rivals by ruling parties in the state. Though the case was about an NDPS act, vendetta cases have been very common under Biplab Deb Govt in Tripura. After UP, it is Tripura, where Human Rights have been violated highest and no action was taken against the culprits either its opposition party office burning incident or attacking press, police station by the BJP.

Last year misusing the Covid-issue, TMC led Abhishek Banerjee's rallies were canceled.

Farmers’ protest and Supreme Court’s judgments on it had upheld the “Right to Freedom” under Article 19. The right to protest, assemble are basic fundamental rights of the people of the nation, but under Biplab Deb Govt there has been a constant attempt of calling protests “Illegal” just because Police did not permit the protest. First of all, as per the law, police must have a significant reason behind not permitting programmes (Tripura High Court also had given a verdict on that) and if permission is not given, who says that the public can not gather without arms ?? 10323 teachers and all the citizens of the nation have the right to protest. Today 10323 teachers observed “Black Day” against last year’s police barbaric attacks on them after the DM imposed Section 144.

In Tripura, no rally of ruling parties are deprived of police permission and police don’t take action when ruling party goons attack police stations, media house, opposition offices in broad daylight but when any anti-Govt protest is spotted, most of the time Police are ordered to remove the agitators.

Talking to the media, a Police Officer at Agartala City Centre first claimed "10323 Teachers’ Protest was Illegal because they had no Permission", but when Journalists reminded him about Constitutional Rights of the agitators, he said, "They were arrested due to Covid Restrictions". But 10323 teachers said, they were protesting with Social Distancing and it was Police who broke the protocols but jumped to arrest them. Police were also spotted assaulting the 10323 teachers whereas an elderly aged woman was pushed to the bus by lady police.

10323 teachers are reeling under crisis and 123 teachers died among them. Protests and movements are important for them to remind the Govt about its given promise.

Article 19 of the Indian Constitution prescribes and protects the following kinds of freedoms to all citizens of India –  a) Freedom of speech and expression.  b) Freedom to assemble peacefully and without arms.  c) Freedom to form associations or unions.  d) Freedom to move freely throughout the territory of India.  e) Freedom to reside and settle in any part of the territory of India.  f) Freedom to practise any profession, or to carry on any occupation, trade, or business.  Article 19(1)(a) – Freedom of Speech and Expression – Freedom of speech is an indispensable element of any democratic country. It is the basis of civilization, and without it, liberty of thought would shrivel. Freedom of speech and expression provides the right to express one’s opinion freely without any fear through any medium. The word “press” is also included under this provision.  Article 19(1)(b) – Freedom of Assembly – The Constitution allows us the right to hold meetings and take out processions. These processions and meetings may be restricted in the interest of public order or sovereignty.  This article has also been revived and interpreted by the Apex Court several times. Section 144(6) of the CrPC, can be imposed by the Government of India in some areas which make the assembly of five or more people an unlawful assembly.  This provision was challenged in the case of Kamla Kant Mishra and Ors. v. The state of Bihar on the ground that it violates Article 19(1) of the Constitution of India.  Article 19(1)(c) – Freedom of Association or Union – The Constitution of India declares that all citizens of India shall have the right to form associations and unions. The Constitution of India declares that no citizen has a fundamental right under Article 19(1)(c) to be a voluntary association or a cooperative society. The right to be a member of the same is governed by the provisions of the statute. So, the right to be or to continue being a member of any society is a statutory right.

Freedom of peaceful assembly is a fundamental human freedom, protected by several international and regional human rights instruments. In systems and countries where the concept of coercive restrictions is considered naive or cryptic, orders under section 144 are used to restrict protests, block the Internet, and even block cable T.V. services. Compliance with an order under section 144 no longer gives the police the right to use violence. Depending on the circumstances, the police may use force to disperse “Unlawful Assembly”. In other cases, the system should be the same with a criminal penalty under the IPC. Currently, there is no shortage of “ministers and executor’s” and there is no reason to lose the authority of the legal leadership. The legal force of respect depends on the use and respect shown by law enforcement agencies. The concept of regulations should not disappear even during a pandemic. 

 

 

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