Time state government allotted dedicated space for protests

The recent raging debates and protests have been with regard to the admissions for medical colleges through National Entrance cum Eligibility Test (NEET). As an aftermath of the Supreme Court’s order confirming admissions to this academic year only by NEET and more so after the tragic death of Anitha, there has been a lot of protests / agitations throughout Tamil Nadu.

Foreseeing difficulties due to agitations / protests including road and rail block agitations, GS Mani filed a Public Interest Litigation in the Supreme Court praying for issue of a command to the State of Tamil Nadu to ensure maintenance of law and order in the State and further not to permit political parties and public to conduct illegal strike/ boycott/human chain/road blocking / rail roko or any other mode of strike against the NEET, examination because of the judgment delivered by the Supreme Court.

It is in this petition that the Supreme Court as an interim measure, directed that “it shall be the obligation of the Chief Secretary, Government of Tamil Nadu, respondent No.1 and the Principal Secretary, Ministry of Home, Government of Tamil Nadu, respondent No.2, to ensure that law and order is maintained throughout the State in the wake of the present situation in respect of the NEET examination. The Chief Secretary shall see to it that anyone involved in any kind of ‘bandh’ or activity that disrupts the normal life and detrimentally affects law and order in the State of Tamil Nadu, shall be booked under the appropriate law. We may clearly state here that a peaceful protest or criticism or dissent is different than creation of a law and order situation. Every citizen of this country has a fundamental right to peacefully protest and demonstrate, but not to cause a situation that results in violence and paralyzes the law and order situation.”

The case is adjourned for further hearing to September 18, 2017; the hype created over this judgment was as if the Supreme Court had ordered that there shall be no agitations / protests and if done, the same will amount to contempt of court. The state police machinery was quick to take this as a chance to curb all agitations/ protests. In the days of shrinking democratic spaces / voices misinterpreting the court orders and silencing the public is itself against their duty of protecting peoples’ right to peaceful assembly and protests.

The unusual curbs in public entry to the most coveted open spaces such as the Marina indulged in by the police exhibits their sense of fear, intolerance and an urgency to silence dissent. The state police, which is a mere spectator when roads are blocked for days together for religious festivities, blaring loud speakers through the day and night, dangerous display of fireworks that deafen and blind the neighbours, theft of electricity and road blocks for political meetings, etc. jumps into the fray to brutally silence the public when the ruling party is questioned.

It is high time the state helped people to exercise their democratic right to peaceful assembly and protest by allotting publicly visible spaces without hindering the road users to show their dissent or even appreciation. Presently spaces allotted for agitations are invisible corners. When the police can allow dangerously huge posters to block the pedestrian and motorways there is no justification in denying permissions to protest in public spaces to the view of the public at large.

The right of the people to assemble peaceably and to petition the government to redress their grievances are to be guarded and protected by the State at any cost in a democracy which is by the people, of the people and for the people. Suppression of dissent without just means of expression would only lead to wild eruptions that will become disruptive to general peace and law and order.