INTRODUCTION TO ARTICLE 19(b) OF THE INDIAN CONSTITUTION

Abstract

Article 19b states that “All citizens have the right to assemble peaceably and without arms”. The right to protest has always been an integral part of every democratic country and finds its roots in their respective constitutions. It is guaranteed in the Bill of Rights in the United States of America, in the article 11 in the United Kingdom and in other countries as well. Every country that has seen a protest, has seen a change in ideology, social shift in mindset and often cultural norms. As Martin Luther King Jr said, “one has a moral responsibility to disobey unjust laws and to sin by silence when one has a moral responsibility to speak makes cowards of men”.  History is fraught with examples of protests that brought massive socio-political changes, for example the Montgomery protests following the Montgomery legislations, the White Rose movement etc. A protest or an upheaval signifies more than just a particular person or groups dissatisfaction, it signifies a new mindset, thought process, ideology and a belief system. Similarly quelling of protests has again been an indication of an authoritative regime, incapable of listening to criticisms. This is seen in cases of the Chinese subversion of Taiwan and Hong Kong, Martial laws in Pakistan and the Colonial rule of the British. In all the cases, the authoritative regime tried to stop and silence the dissenting voices before they spread. This is done using various different means such as placing rules and laws banning protests, using police and armed forces etc.