Right to protest versus the coercive power of the police
Constitutional framework- Article 19(1)(a) protects freedom of speech and expression.
- Article 19(1)(b) protects peaceful assembly without arms.
- These rights are subject to reasonable restrictions under Articles 19(2) and 19(3), including public order and sovereignty.
- Article 21 protects life and personal liberty, including procedural fairness during arrest and detention.
- Under the BNSS, force to disperse an unlawful assembly should follow a lawful order to disperse and must satisfy necessity and proportionality.
- The Supreme Court is considering an independent investigation into alleged excessive force during student protests. The paper reports allegations involving pellet guns, electric batons, arbitrary detention, facial recognition and failure to identify individual police personnel.
- The central constitutional question is not whether the State may regulate protests—it can—but whether the restriction and force employed were:
- authorised by law;
- necessary for a legitimate objective;
- the least restrictive available measure; and
- proportionate to the threat.
- The Status of Policing in India Report 2025, cited on page 9, surveyed 8,276 personnel across 17 States and Union Territories:
- More than 70% supported freedom from punishment while using force in the discharge of duties.
- 69% supported arrest or detention of suspects without court investigation.
- Only 41% said statutory arrest procedures were always followed.
- This indicates an institutional culture problem, not merely isolated misconduct.
- Implement the Prakash Singh police reforms.
- Establish genuinely independent Police Complaints Authorities.
- Use graded crowd-control protocols: communication, warning, barriers, non-kinetic intervention and force only as a last resort.
- Make body cameras, name tags, medical assistance and preservation of CCTV footage mandatory.
- Place facial-recognition use under a clear law satisfying the Puttaswamy privacy tests.
- Publish accurate data on injuries, custodial violence and use-of-force incidents.
- Answer line: A democratic State is judged not by its ability to suppress disorder, but by its capacity to maintain order without extinguishing dissent.
GyanGram