Right to Peaceful Assembly: Supreme Court Limits Blanket Use of Section 144
Every time a protest is announced, authorities quickly respond with Section 144 CrPC—prohibiting gathering of more than 4 people.
But in 2025, after a peaceful climate rally by students in Delhi was dispersed using Section 144, a petition reached the Supreme Court questioning:
“Can a colonial-era tool be used to silence democratic voices?”
The Court’s Verdict
- Right to assemble peacefully is guaranteed under Article 19(1)(b)
- Section 144 cannot be imposed arbitrarily—only when there’s actual danger to public order
- Orders must be time-bound, situation-specific, and reviewed periodically
“Preemptive bans on protests cannot be the default mode of governance.”
The Court also emphasized that authorities must facilitate peaceful demonstrations—by allocating areas, ensuring safety, and allowing expression.
Legal & Civic Impact
- Police authorities now need justified, recorded reasons for banning assemblies
- Peaceful protesters (farmers, students, employees) have a stronger legal shield
- Public discourse gets safer, more vibrant
India’s streets are a stage for democracy—and the Constitution ensures the curtains aren’t pulled without reason.
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