Here All the Details about Your Rights as a Protester & How you can Protest
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Here All the Details about Your Rights as a Protester & How you can Protest

Here All the Details about Your Rights as a Protester

Today, Whole nation is seeing the widespread protests against the new Citizenship Amendment Act (CAA). Citizens (Students, Civil Rights Groups and Leaders etc.) are participating in these protests in large numbers across India. In a World Largest Democracy Citizens have the right to protest in a peaceful manner which is also an integral part of the Indian Constitution. There are some rules and regulations one has to follow in participating in a protest as a Protester. So here we bring All the Details about Your Rights as a Protester & How you can Protest in a peaceful Manner.

As per the Constitution Article 19 gives power to every Indian citizen which provides the right to freedom of speech and expression and to gather in peaceful way and without arms. But this article does have some conditions and limitations.

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How you can Protest?

Peoples, who are thinking that if police can take forcible actions against the peaceful protest but for the violence Protest there should be the forcible actions, can take place, for that go through the Section 129-132 of the CrPC which states:

Section 129 of the CrPC reads:

Any Executive Magistrate or officer in charge of a police station… may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, the Executive Magistrate or police officer may proceed to disperse such assembly by force.

If citizens are doing protest in a peaceful way then they don’t have to fear from anything, nothing will happen to them, but if protester disobeys the rule and commands of the police then protesters can face the force against them.

The situation where the use of force by the police also varies, here you can read these sections of the CrPC in regard of how civil force and armed forces

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Rights as a Protester

There are reports from the sources that some protesters across the country are detained by the police. Firstly you need to know the difference between arrest and detention.

In detention, the detained person is not allegedly accused of committing a crime but restricted and kept in custody on a reasonable suspicion. During custody, they can be questioned/investigated by the authorities. After questioning, the person shall be released. In case of Arrest, a person can only be arrested if he/she is accused or charged for a crime

During Detention you have some Rights

Article 22 of the Indian Constitution provides you the right to ask or know the reason of detention and copy of the order under which section plus you can also seek services of a lawyer in case of detention. Detained person are required to present in front of a magistrate within 24 hours of custody.

If you are detained then you have the right to inform your friends or family by which they can provide you legal aid. You can also get the medical aid, if needed.

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As per Supreme Court, women shall only be detained by the female police officers or in their presence as far as practicable. Also, under section 46(4) of CrPC, Females cannot be detained or arrested after sunset and before sunrise, apart from some exceptional circumstances.

Article 20 of the Indian Constitution protects your rights in case of conviction for offences which is:

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence (2) No person shall be prosecuted and punished for the same offence more than once (3) No person accused of any offence shall be compelled to be a witness against himself.

As a precaution, you should remain silent. You cannot be compelled to witness against yourself under Article 20(3). Therefore, you should not sign any blank papers or restrictive bonds that can be used against you.

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These rights also work in case of an arrest too.

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