THE BOMBAY BAR ASSOCIATION on July 22 passed a resolution expressing concern over the police crackdown on the protesting students at Jantar Mantar in New Delhi. The resolution stated that in a constitutional democracy, the right of citizens to assemble peacefully and express dissent is an integral facet of the freedoms guaranteed under Article 19 of the Constitution. It noted that peaceful protest is not merely a constitutional right but an essential feature of democratic governance.
The resolution was signed by Nitin G. Thakker, President, Venkatesh Dhond, Vice President, and Naushad Engineer, Honorary Secretary of the Bombay Bar Association.
‘Deeply disturbing’
The Association expressed grave concern on the videos and newspaper reports depicting students being subjected to lathi charges and tear gas. It stated that if the reports were accurate, the use of force against students exercising their constitutional rights was “deeply disturbing” and something which could not “be countenanced in a society governed by the rule of law.”
Law enforcement authorities, it noted, are “expected to act with restraint, proportionality and due regard to the constitutional rights and dignity of every citizen.” The Association also deprecated measures such as “the use of force or intimidation tactics such as the filing of FIRs.” It invoked the International Covenant on Civil and Political Rights, 1966, to which India is a signatory, as recognising the right to peaceful protest.
The Association deprecated measures such as “the use of force or intimidation tactics such as the filing of FIRs.”.
At the same time, the Association unequivocally condemned any acts of violence, vandalism or destruction of public or private property by protesters as reported, stating that the “resort to violence undermines the legitimacy of a peaceful movement and cannot be justified under any circumstances.” It added that the exercise of constitutional freedoms carries with it a corresponding obligation to act peacefully and responsibly.
It stressed that the students’ concerns about the future of education carried significant public weight and consequences for the country’s youth, and called for meaningful engagement rather than confrontation. The resolution closed with a call for restraint, adherence to the rule of law, an end to violence on all sides, and dialogue between students and the government grounded in constitutional and democratic values.