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.
