NEW DELHI: If citizens have a fundamental right to assemble and protest peacefully, should it interfere with fundamental rights of those who are not part of the protest to commute safely to their offices or go about their daily lives?This conflict of fundamental rights of protesters and other citizens was highlighted by advocate V Elanchezian, who appeared for PIL petitioner Aalok Mohan, and requested a bench headed by CJI Surya Kant to direct govt to frame a model national framework for providing facilities and guidelines for regulating protests so that they don’t interfere with the rights of others.Citing population growth and urbanisation, the petitioner said, “Despite these developments, there exists no comprehensive national framework prescribing minimum planning standards for infrastructure relating to peaceful public assemblies. Consequently, public authorities across the country adopt differing administrative practices, often leading to avoidable conflict between the constitutional rights of demonstrators and those of commuters, patients, school children, emergency services and the public.““The issue is not whether citizens have the right to assemble peacefully, for that right is protected by the Constitution. The issue is whether constitutional governance now requires govt to examine and formulate a comprehensive national policy providing minimum standards for planning and developing civic infrastructure that facilitates peaceful public assemblies while ensuring harmonious protection of all Fundamental Rights,” the petition said.
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The bench said it would consider the issue flagged by the petitioner along with other pending petitions seeking identification of proper protest sites with basic amenities, including water, washroom, food and medical assistance, so as not to inconvenience or impede daily commuters from reaching their workplaces or destinations on time.