Peaceful protests have played a critical role in the freedomstruggle, in the face of brutal repression of dissent by the colonialgovernment. In recent years, protests that seek to upholdconstitutional values have been the source of public debate – notjust because of the issues that prompt the protest but also on theforms of restrictions on this right that are justifiable in a democratic,sovereign India. For instance, recent reports that suggest thatpassports of protesting farmers will be cancelled on the basis ofimages in surveillance footage prompt concerns about the needto ensure that restrictions on the right to protest are compatiblewith fundamental rights guaranteed in the Constitution.

This report seeks to critically examine the role of the SupremeCourt and High Courts in defining the contours of the right toprotest. Protests often occupy both public spaces and publicimagination. It is this dual role that is protected by the Constitutionunder the right of speech and expression, which affirms the rightof citizens to express dissent and have their views heard, and theright to peaceful assembly, which affirms their right to expressthis dissent collectively and through gatherings at physicalspaces. The report, therefore, considers how constitutional courtshave viewed protests and critically examines their applicationof a fundamental rights framework to uphold these rights oradjudicate the validity of restrictions.