Opinion | Peaceful Dissent Vs Unlawful Assembly: Lessons From Jantar Mantar

The core student-led agitation was hijacked and infiltrated by anti-social elements, opportunists, and external actors

“Nothing is more important than the welfare and future of our youth. We have decided to set up fast-track courts to ensure swift and stringent punishment for those involved in paper leaks. Have directed the concerned authorities and officials to take all necessary steps in this regard. This continues our series of steps for safeguarding the interests of students. Those who try to harm the future of our youth will not be spared"—PM Narendra Modi.

Clearly, the Modi government has always walked the talk and continues to chart a course that will preserve and promote the cause of every single hardworking and meritorious student, via constructive engagement with various well-meaning stakeholders. In sharp contrast, the Opposition, including Rahul Gandhi, has spared no effort in hijacking a peaceful protest, for shoring its sagging fortunes. What started as a peaceful protest soon descended into chaos, anarchy and vandalism, with professional Andolanjeevis like Yogendra Yadav sloganeering that democracy is not about parliamentary discussions or elections but about street fights and street veto by a bunch of marauding goons.

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Under the Indian Constitution (Article 19(1)(b) and (c)), citizens have the right to assemble peacefully and protest. This is core to democracy—dissent is not anti-national; it is essential for accountability. However, this right is not absolute, and there is a very thin line between dissent and a descent into anarchy. Free speech and dissent are subject to reasonable restrictions for public order, sovereignty, and integrity (Article 19(3)). Unlawful assembly is an assembly of over 5 persons with a common object to commit an offence and resist law enforcement. If it turns violent (rioting under Section 146), involves stone-pelting, vandalism, assault on police, or breach of prohibitory orders, it ceases to be protected dissent and becomes criminal. Permissions are often required for large gatherings in sensitive areas like near Parliament. Marching without authorisation or breaching security barricades violates the law.

The initial........

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