Tagged “balancing-of-rights”

Amit Sahni v. Commissioner of Police: the Shaheen Bagh case and the limits of the right to protest in public spaces

On 7 October 2020, the Supreme Court ruled on a writ arising from the prolonged Shaheen Bagh sit-in on a public road in Delhi during the anti-CAA protests. The Court held that the right to peaceful protest under Article 19(1)(a) and 19(1)(b) is constitutionally protected but must be exercised in designated places, and that public ways cannot be occupied indefinitely to the detriment of other citizens. A digest of the judgment's reasoning on balancing rights and the administration's duty to act.