Making criminals of peaceful protesters diminishes Indian democracy

Source– The post is based on the article “Making criminals of peaceful protesters diminishes Indian democracy” published in The Indian Express on 26th September 2022.

Syllabus: GS2- Fundamental Rights

Relevance– About right to protest

News– The article explains the shortcomings in new rules framed under new Criminal Procedure (Identification) Act 2022 . It also explains the reason for the decreasing level of peaceful protest in India.

What are the new rules?

Rules have just been framed for the new Criminal Procedure (Identification) Act 2022 which allows policemen to record the biometrics of those arrested and even if merely detained. Those arrested for violating Section 144, are exempted, but only if they have no other offence registered against them.

Under the new law, the police can store your biometrics till you are acquitted. But for deleting the biometrics, we need an order from a magistrate.

Why is it a dangerous precedent?

The police have no respect for laws. Section 66A of the IT Act was struck down by the Supreme Court seven years ago. The police continue arresting people under this law.

The police’s treatment of peaceful protesters depends on the orders they get and their own prejudices.

To protest peacefully is a fundamental right in a democracy. Our Constitution guarantees it. The Supreme Court has upheld it more than once. To treat peaceful protesters as criminals is not good for democracy.

What are the reasons for lack of peaceful protest in recent years?

In recent years there were few protest like protests against Dalit scholar Rohith Vemula’s suicide in 2016, the kisan long march in Maharashtra in 2018, the anti CAA/NRC protests across cities in 2019-2020, and the farmers’ protests in Delhi in 2020-21. However, these were restricted to specific sections.

There has been the criminalisation of peaceful protest. Earlier protesters were let off in a couple of hours, with no charges filed. But now criminal cases have been filed against peaceful protesters.

For those who want to organise silent demonstrations outside designated places, taking police permission is a very hectic task.

There are biases in the system. Only ruling party supporters are given special favour for holding protests.