Farmers' Protests Are Constitutional Says SC, Suggests Government Put The Three Laws On Hold
The Supreme Court has asked the Central government to explore the possibility of putting on hold the three farm laws, against which farmers are protesting at different borders of the national capital.
A bench headed by Chief Justice of India (CJI) SA Bobde asked Attorney General KK Venugopal if the government can assure the court that it will not take any executive action on implementation of the law till the court hears the matter.
"What kind of executive action? Farmers will not come for discussion if this happens," Venugopal said. To this, the CJI said it is to enable the discussion.
'Protest constitutional'
Earlier the Chief Justice had observed that a protest is constitutional until it does not destroy property or endanger life and remarked that the purpose of the farmers' protest cannot be realised by demonstrating without engaging in discussions.
"The protest is constitutional till it does not destroy property or endanger life. It is an absolutely perfect protest. But the purpose cannot be realised if they could continue to sit without talking. The Centre and the farmers have to talk," CJI Bobde said.
'Farmers have right to protest'
The bench said the farmers have a right to protest and it will not interfere with the same, but added that it will ask the Central government to slightly alter the manner in which the protest is being held to ensure it does not affect the citizens' right to movement.
The bench observed that it recognises the farmers' right to protest but this right should not infringe the fundamental rights of others to move freely and in getting essential food and other supplies.
It said that in a democracy, police and authorities have to be given power to prevent the protestors from infringing the rights of other.
¡°Who will take guarantee that if farmers are allowed to enter the city in such a high numbers, they will not resort to violence? Court cannot guarantee this. Court does not have the wherewithal to prevent any such violence. It has to be the police and other authorities who will protect the right of others,¡± the bench said, adding that right to protest cannot mean blockade of the entire city.
It said that even police and authorities should not incite the protesting farmers to indulge in any kind of violence.
On Thursday, the second day of the hearing, the SC which is also hearing pleas challenging the constitutional validity of the three farms laws said that it will not decide the validity of the laws as of now.
