Statement by India at the Panel discussion on the promotion and protection of human rights in the context of peaceful protests, with a particular focus on achievements and contemporary challenges at the 48th Session of the Human Rights Council (13 September 2021 to 08 October 2021), delivered by Mr. Pawankumar Badhe First Secretary, Permanent Mission of India

[Geneva, 29^th September, 2021]

Madam President,

The right to peaceful assembly has been recognized as a fundamental right by the Indian Constitution. Article 19 of Indian Constitution guarantees to citizens of India the right to assemble, peacefully without arms, and the right to form associations and unions. The Supreme Court has ruled that the Constitution also guarantees the right to peaceful protest.

2. Mass movements, including to express opposition by the people, are integral to India’s democratic polity and society. They have played a crucial role in shaping the policy decisions and legislations. The tradition to express grievances through peaceful assembly and marches has long been a cherished and valuable aspect of the inclusive political life in India, the largest democracy of the world. As you are aware, non-violent and popular marches by the people of India was the key weapon in the struggle for our independence. Our founding fathers, especially Gandhi, believed in the idea of a common man standing up for himself and expressing his dissent to the policies of the Government.

Madam President,

3. While conscious of its responsibility to maintain law and order and protect the sovereignty and integrity of the nation, the Government has remained committed to enable the people to enjoy the rights to freedom of peaceful assembly and association. While striking a careful balance between the enjoyment of basic rights by the citizens and its duty to protect the right to life of its citizens, the Government has always respected the right of Indian citizen to freedom of peaceful assembly and association.

4. India firmly believes that the ‘freedom of opinion and expression’ and the ‘freedom for peaceful assembly and association’ are one of the basic foundations of any democratic polity and society. As the world’s largest democracy with a free media, vibrant civil society and a robustly independent judiciary, India remains committed to make every possible effort to ensure enjoyment of basic human rights by all its citizens.

Thank you, Madam President.