Can Courts Rein In the Police? The Right to Protest After Jantar Mantar

Can Courts Rein In the Police? The Right to Protest After Jantar Mantar | Hafta

1 hour ago 8

In last week’s Hafta, Abhinandan Sekhri spoke to senior Supreme Court advocate Arundhati Katju and Swapnil Tripathi, who leads Charkha, the Centre for Constitutional Law at the Vidhi Centre for Legal Policy, about the right to protest. Abhinandan asked whether an incentive structure exists to deter the state from acting “in a callous or outright illegal manner”, given that it can outlast individuals. Swapnil said there are enough incentives, but they depend on how firmly courts enforce them, especially where questions of liberty are at stake. He also noted that India has no law compensating the wrongfully incarcerated and acquitted, and that the process is often the punishment. Citing conversations around the Delhi Police’s recent denotification of Jantar Mantar as a protest site, Swapnil also said protests involve competing rights, with courts balancing protest against residents’ right to live peacefully. Arundhati acknowledged the competing rights but said the Constitution offers a framework of reasonable restrictions with public order as the test, and that the right to protest must be exercisable in a place where it is meaningful. Swapnil agreed in principle, but said a 2018 Supreme Court judgment gives the state leeway to regulate protest sites. Subscribe to watch the full conversation. Subscribe to Newslaundry: https://pages.razorpay.com/nlsm Join the NL-TNM Book Club: https://www.newslaundry.com/book-club Join us on WhatsApp: https://whatsapp.com/channel/0029Va61PEo0QeacOqU9vr2k Download the accessible Newslaundry app: https://www.newslaundry.com/download-app Follow and engage with us on social media: Facebook: https://facebook.com/newslaundry Twitter: https://twitter.com/newslaundry Instagram: https://instagram.com/newslaundry

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