Citizens of the country have a right to assemble peacefully, albeit without arms, Madras high court said while permitting a group of villagers to hold a sit-in protest in a cremation ground. Chennai: The right to protest is a form of freedom of expression guaranteed under the Constitution.
Justice V Lakshminarayanan directed the Mayiladuthurai police to permit residents of Sitharkadu village to hold a sit-in protest at a cremation ground to grab the attention of govt and highlight immense air pollution caused by a rice mill operated by Tamil Nadu Civil Supplies Corporation (TNCSC).
“During the course of the protest, in case any rituals or obsequies take place in connection with a death that has occurred, the participants shall ensure that their protest gives way to such ceremonies being conducted,” the judge said. Such a protest cannot be nipped in the bud,” the court said. As long as the protest is peaceful and does not create a problem, the court finds no ground to sustain the order of refusal of permission to indulge in a protest, the judge said.
“By protesting and bringing to the notice of authorities the alleged pollution that has been caused by Modern Rice Mill, run by an entity over which the govt Tamil Nadu exercises control, the petitioner and the residents of the village are merely implementing their fundamental duties to protect the natural environment under articles 51A(a) and 51A(g) of the Constitution. The court passed the order on Wednesday on a plea moved by M Anburaj, a resident of the village, challenging the denial of permission for the protest planned by the villagers.