New Delhi, July 23: Senior Supreme Court advocate and distinguished fellow at the International Law Centre, Ashok Bhan, has said that recent reports of police action against a peaceful protest organised by the Cockroach Janata Party raise serious constitutional concerns and underscore the need to safeguard democratic dissent.
While speaking at a meeting of young lawyers organised by Lawyers Guild, Bhan said the Constitution of India not only permits peaceful protest but expressly protects it through Articles 19(1)(a), 19(1)(b) and 19(1)(c), which guarantee the freedoms of speech and expression, peaceful assembly and association.
Bhan said any disproportionate police action, arbitrary detention or excessive use of force against peaceful demonstrators should be subjected to a fair, impartial and transparent inquiry.
“Accountability is not directed against the police as an institution; rather, it is essential to preserving public confidence in the rule of law,” he said, as per Indica News.
Bhan said that the police are “guardians of the Constitution” and not instruments of political partisanship. Their primary responsibility, he said, is to facilitate peaceful democratic expression while maintaining public order, with the use of coercive powers remaining an exception rather than the norm.
Referring to Supreme Court jurisprudence, Bhan noted that the apex court has repeatedly described dissent as the “safety valve” of democracy and said peaceful disagreement cannot be treated as disorder merely because it challenges those in authority.
“The constitutional principles involved apply equally to every citizen, every political party and every civil society organisation. The erosion of democratic freedoms for one inevitably threatens the freedoms of all,” he said.
Drawing parallels with India’s freedom movement, Bhan said the country’s struggle for independence was rooted in peaceful public mobilisation, civil disobedience and moral courage. He cautioned against narrowing the democratic space that had inspired the nation’s fight for liberty.
At the same time, he emphasised that organisers of public demonstrations have a responsibility to ensure protests remain peaceful, disciplined and respectful of the rights of others, rejecting violence and damage to public property.
Calling for “constitutional statesmanship”, Bhan urged the government to reassure citizens that peaceful dissent would be protected. He also called on police authorities to strengthen professionalism, restraint and accountability, while urging civil society and political leaders across the spectrum to reaffirm their commitment to democratic values.
He said India’s democracy has earned global respect because of its tradition of accommodating diverse opinions and constitutional dialogue.
“The true measure of a democracy lies not in how it treats those who support the government, but in how it protects the rights of those who peacefully disagree with it,” Bhan said.
