PROTECTING PROTEST, ENSURING ORDER: ANALYSING REASONABLE RESTRICTIONS AND THE BOUNDARIES OF DISSENT

The right to protest under Article 19(1)(a), (b), and (c) of the Indian Constitution, with its origins in the nation's long history of anti-colonial resistance, is considered as a sacrosanct and fundamental component of India's democratic fabric. However, in recent times, there has been an increase in instances of sustained blockage of public infrastructure, vandalism, and violence, leading to decreased judicial and executive tolerance for protests. This paper examines the critical balance between legitimately exercising one's right to protest and its potential abuse which justifies reasonable restriction. Using a doctrinal research methodology, this paper aims to analyse constitutional framework, significant judicial holdings, and the operational application of statutes like Section 163 of BNSS to reveal the blurring lines between peaceful dissent and criminal activity, and an increase in securitised and draconian laws. The study aims to highlight the judiciary's ongoing effort to protect the right to dissent while also defining the limits to prevent its abuse. Ultimately, the paper offers suggestions for a clearer legal framework that can protect the fundamental right to dissent and peaceful assembly and effectively address its abuse, thereby restoring the constitutional vision behind these rights.