Addressing a meeting of young lawyers organised by the Lawyers Guild, Bhan said reports surrounding the police response to a recent protest by youth and students in Delhi had raised serious constitutional questions about whether democratic dissent was being accorded the respect it deserves.

 

"The Constitution of India does not merely permit peaceful protest—it protects it," he said, referring to the fundamental rights guaranteed under Articles 19(1)(a), 19(1)(b) and 19(1)(c), which ensure freedom of speech and expression, peaceful assembly and association.

 

Bhan said any allegations of disproportionate police action, arbitrary detention or excessive use of force against peaceful demonstrators should be examined through a fair, impartial and transparent inquiry.

 

"Accountability is not directed against the police as an institution; rather, it is essential to preserving public confidence in the rule of law," he said.

 

Describing the police as "guardians of the Constitution", Bhan said law enforcement agencies should facilitate peaceful democratic expression while maintaining public order, and that coercive powers should remain an exception rather than the norm.Click Here To Follow Our WhatsApp Channel

 

Quoting Supreme Court observations that dissent is the "safety valve" of democracy, he said peaceful disagreement should not be equated with disorder simply because it challenges those in authority.

 

Bhan said the issue transcended partisan politics and the constitutional principles protecting democratic freedoms applied equally to every citizen, political party and civil society organisation.

 

Recalling India's freedom movement, he said it was built on peaceful public mobilisation and civil disobedience, adding that governments may change but constitutional freedoms must remain constant.

 

He also emphasised that organisers of public demonstrations have a responsibility to ensure protests remain peaceful, disciplined and respectful of the rights of others, while rejecting violence and damage to public property.

 

Calling for "constitutional statesmanship", Bhan urged the government to reassure citizens that peaceful dissent would be protected, asked police authorities to strengthen professionalism, restraint and accountability, and appealed to civilsociety and political leaders across the spectrum to reaffirm their commitment to democratic values.

 

"The true measure of a democracy lies not in how it treats those who support the government, but in how it protects the rights of those who peacefully disagree with it," he said. (KNS).