Supreme Court Justice Ujjal Bhuyan on Saturday said public spaces for expressing divergent opinions are shrinking in India, pointing to the arrest of students for campus protests and delays in securing bail as he warned against the criminalisation of peaceful dissent.
Speaking on the role of courts in protecting constitutional freedoms, Justice Bhuyan said citizens were increasingly facing criminal action for exercising their right to protest. While courts were granting relief in many cases, he said it often came belatedly, and restrictive bail conditions risked discouraging legitimate dissent.
"It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. The right to express one's views and to demonstrate peacefully are fundamental freedoms of the citizens. Debate and dissent are the essence of democracy. Unfortunately, even normal activities are being criminalised," said Justice Bhuyan.
He observed that environmental protesters and students were increasingly facing criminal action."People who come to voice their anguish over environmental degradation, which is a reality, are chased away as if they are criminals. Students protesting in campuses are arrested and they do not get bail for 30-40 days. They are suspended for which they have to go to the court. It takes time," he noted.
He was addressing students at the Justice GP Singh 4th Memorial Lecture which was held at the National Law Institute University (NLIU) in Bhopal.Justice Bhuyan said that while courts were granting relief, it often came too late and was accompanied by stringent conditions.Illustrating his point, he referred to the arrest of youngsters for consuming chicken biryani while breaking their fast in a boat on river Ganga.
"Take for example the case of a group of youngsters breaking their fast over the river Ganga by consuming chicken biryani. I am sure consuming chicken biryani is not an offence. It can't be an offence. There is no law prohibiting consumption of chicken over the Ganga river. They were arrested for that very reason and they had to remain in jail for 3 months," Justice Bhuyan said.
He also referred to cases where individuals granted bail were directed not to attend public meetings, post on social media or leave the country.Such conditions undermine fundamental freedoms, he said.
"I am sure consuming chicken biryani is not an offence. It can't be an offence. There is no law prohibiting consumption of chicken over the Ganga river.Additionally, Justice Bhuyan recalled a Bombay High Court matter concerning a proposed demonstration in solidarity with Gaza." He said, he found it "very amusing" that a judge had questioned why people wished to protest over events outside India.On the role of universities, saying legal education should cultivate curiosity rather than conformity.
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