LEADING PEACEFUL, NON-VIOLENT PROCESSION IS A FUNDAMENTAL RIGHT

12TH NOVEMBER

The Kerala High Court, in the case of Dominic Presentation v. the State of Kerala, observed that under Article 19(1)(a) and 19(1)(b) of the Constitution of India, it is the fundamental right of the citizen of India to lead the peaceful and non-violent procession. The Kerala High Court has suppressed a criminal complaint against the former Ernakulam MLA Dominic Presentation for leading a human rights protection procession from the front in 2017.

In 2017, Dominic and four others led a protest of almost 200 people in the Ernakulam district and were arrested for hindering the general public and vehicles and being involved in an unlawful assembly under sections 143, 147, 283 read with 149 of the Indian Penal Code.

After taking look at all evidence produced, the High Court ordered that “Some protest may be peaceful at the start, but later it could turn violent. Therefore, Sobblanket protection cannot be given to all protests under the guise of freedom of speech and expression and peaceful assembly under article 19(1)(a) and (1)(b) of the constitution.

Author: Shweta Singh