Question

A group of citizens in a city regularly engages in public protests against government policies. During one protest, some individuals damage public property, disrupt traffic, and use offensive language. The protestors claim that they are exercising their right to freedom of speech and expression. Is the claim by the protestors justified? How do the Fundamental Duties under Article 51A of the Constitution of India apply in this situation?

Hint:

Fundamental Rights come with reasonable restrictions and must be balanced with Fundamental Duties for maintaining public order and respect for national symbols.

Answer 1

The protestors' assertion of their right to freedom of speech and expression is subject to reasonable constitutional restrictions in India. While the right to protest is recognized, it does not legitimize illegal actions such as vandalism of public property, obstruction of traffic, or the use of abusive language.
Freedom of Speech and Expression: This fundamental right is not absolute. The State may impose reasonable limitations to safeguard public order, decency, morality, and the nation's sovereignty.
Prohibited Actions (Property Damage, Traffic Disruption): Such acts are unlawful and contravene laws pertaining to public safety and order. These behaviors are not covered by the right to protest.
Fundamental Duties (Article 51A): Citizens are obligated to:
Uphold and respect the Constitution, National Flag, and National Anthem (Article 51A(a)),
Safeguard public property (Article 51A(g)),
Foster harmony and a spirit of common brotherhood (Article 51A(h)),
Adhere to the Constitution and honor its principles and institutions (Article 51A).
Vandalizing public property and causing disruptions are violations of these duties.
Therefore, while citizens possess the right to peaceful protest, their actions must align with legal statutes and constitutional obligations. The invocation of freedom of speech does not grant license for unlawful conduct.