The recent detentions and evictions of protesting farmers by Punjab Police have reignited debates on the right to peaceful protest and government intervention.
Bathinda/Patiala: In a significant development, Punjab Police on Wednesday detained key farmer leaders, including fasting activist Jagjit Singh Dallewal and Kisan Mazdoor Morcha head Sarvan Singh Pandher, along with several other agitators in Mohali. The detentions took place as the farmers were returning from a meeting with a central government delegation in Chandigarh.
Additionally, Punjab Police cleared the protest sites at Shambhu and Khanauri borders, despite prior assurances from Punjab ministers that there were no plans to disturb the ongoing agitation.
According to a senior Punjab Police officer, over 250 protesters were detained from Khanauri, 110 from Shambhu, and others from Mohali. The detainees were temporarily housed in a marriage hall.
The eviction process unfolded despite expectations that any action would be taken directly at the protest sites, not during the farmers’ return journey.
The crackdown followed the seventh round of discussions between the farmers and the central government since February 2024. The primary focus of the discussions was the farmers’ demand for a legal guarantee of Minimum Support Price (MSP) for crops.
In response, central ministers have now appointed Joint Secretary Purna Chand Kishan to engage with agricultural experts and farm activists for a deeper examination of the issue. The next round of discussions is scheduled for May 4.
As the farmers proceeded from Chandigarh toward the Shambhu border, Punjab Police intercepted them in the Jagatpura area of Mohali. Dallewal was detained inside his ambulance, while Pandher was taken from his vehicle after attempting to evade police action.
Many other farmers were forcibly taken into custody, with reports of minor scuffles breaking out at Khanauri. Some farmers claimed that their turbans were tossed during the detention process, while police maintained that the operation was carried out peacefully.
BKU Ekta Sidhupur leader Kulwant Singh alleged that police did not allow farmers adequate time to vacate the protest sites, leaving behind their belongings and tractor-trailers parked along the highway. Meanwhile, Deepu, a close associate of Dallewal, claimed that over 150 protesters were rounded up within minutes.
Sangrur SSP Sartaj Singh Chahal stated that the police operation was peaceful and no force was used against the farmers. However, protesters contested this, asserting that they were forcibly removed from Khanauri.
The Right to Protest: A Constitutional Perspective
The Right to Protest is a fundamental aspect of democratic expression, enshrined in the Indian Constitution under Article 19. This provision guarantees:
- Freedom of speech and expression under Article 19(1)(a)
- The right to assemble peacefully without arms under Article 19(1)(b)
These rights empower citizens to voice their demands and grievances, ensuring that democratic discourse remains vibrant. However, reasonable restrictions may be imposed in the interest of public order, sovereignty, and national security.
The Supreme Court of India has consistently upheld the right to peaceful protest as an essential part of democracy. Some landmark cases include:
- Ramlila Maidan Incident v. Home Secretary, Union of India (2012): The Supreme Court ruled that the use of excessive force to evict peaceful protestors violates fundamental rights and emphasized that law enforcement must balance public order with the right to protest.
- Mazdoor Kisan Shakti Sangathan v. Union of India (2018): The court reaffirmed that citizens have the right to peaceful protest in designated public spaces, but such protests must not disrupt public order excessively.
- Shaheen Bagh Protest Case (Amit Sahni v. Commissioner of Police, 2020): The Supreme Court held that while protests are fundamental rights, they cannot indefinitely occupy public spaces and must be balanced against the rights of others.
- Himmat Lal K. Shah v. Commissioner of Police (1973): This case reaffirmed that the right to protest is an integral part of free speech and assembly, and the state cannot impose arbitrary restrictions.
However, the right to protest is not absolute. The government can impose restrictions under Article 19(2), which permits reasonable limitations on grounds such as:
- Sovereignty and integrity of India
- Security of the state
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offense
While these restrictions exist to maintain harmony, concerns arise when authorities invoke them to curb legitimate demonstrations. ‘Judicial scrutiny‘ ensures that any limitations placed on protests are proportionate and justified.
The recent eviction of farmers has sparked renewed debate over the exercise of protest rights versus the government’s authority to maintain law and order.
As further discussions on the MSP issue unfold, the handling of such protests will continue to be closely monitored, with legal and civil rights advocates weighing in on the evolving situation.
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