RIGHT TO PROTEST VS PUBLIC ORDER: A LEGAL ANALYSIS OF THE 2024 - 2025 FARMER'S PROTEST AT BOARDER POINTS

Farmers who protested across Delhi’s border locations from 2024-2025 came to the capital as peaceful demonstrators trying to be heard in light of deep economic insecurity instead of agitators trying to seek change through violent means. A vast number of protesters not only wanted to express their political beliefs; they also wanted to express that without secure lives and jobs & with stable futures; dignity was stripped away. However, as government entities responded with long periods of prohibition, massive roadway barricading, internet service cut-offs, preventive detention, and an increase in surveillance of those that attended; this governmental function was clearly instructive in maintaining public safety & order. A determination of the extent of public order was also certainly reasonable when considering the nature of the government's actions create significant constitutional issues for the government; and thus, any future government actions must curtail or eliminate similar actions going forward. This article contends that non-violent farming demonstrations form the backbone of citizen engagement within our democratic system and as such, are entitled to absolute constitutional protection. In cases where emergency powers are invoked repeatedly, public places are rendered inaccessible by law enforcement officials, or surveillance technologies are used without proper disclosures or accountability, there exists a dangerous blurring of the distinction between rules and oppression .This research presents recommendations for enacting more stringent standards, enhancing effective third-party review and creating meaningfully enforceable procedural mechanisms to assure that both farmers and all citizens have access to exercise their right to protest peacefully without the threat of unlawful or unduly oppressive state intervention.