Causing Band,Jam etc is Unconstitutional and Punishable

Causing Bihar Band,Bharat Band etc and thereby forcing to close the shops,institutes etc and causing traffic congestion,train congestion etc by mobbing is totally unconstituional,illegal and Punishable.

It appears pertinent to examine the right to protest provided by the Constitution Of India and the limitation of right to protest barred by the Definition Of Public Nuisanace provided under the Indian Penal Code,1860.

Article 19(1)(b) of the Constitution Of India provides right to protest and the same text of the Constitution is cited below:-

"19. Protection of certain rights regarding freedom of speech, etc.

(1) All citizens shall have the right-

(b) To assemble peaceably and without arms; "

Further,Article 19(3) of the Constitution of India confers special power to the state to impose reasonable restriction against the right to protest in order to secure the public order etc and the same text of the Constitution is cited below:-

"19 (3). Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause."

Section 268 of the Indian Penal Code,1860 defines Public Nuisance and the same text of the IPC is cited below:-

"Section 268. Public nuisance
A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage. "

It is evident from the text above that the right to protest is only confined to assemble peaceably and without arms.Firstly,there is need to criticize this Article with an observation that if a single person protests without being assembled,then it won't be the fundamental right of that single person under this article.The fundamental right will only apply when people assemble,meant when there is more than one people.Mobbing for closing shops etc and causing traffic congestion etc by mobbing is also obviously a type of assembling,as people gather to do so.But,that is against the public order and the state is empowered to make law against such protests and impose reasonable restriction under Article 19(3) of the Constitution. Unfortunately,state has not made any such law till now.The word peacefully itself reflects that causing closing,congestion etc is against public order and not a peaceful act but the State is sleeping still.

However,section 268 of the IPC is competent to prove such closing,congestion etc as an illegal act.It is evident that forceful closing,congestion etc cause injury, obstruction,danger or annoyance to persons who may have occasion to use any public right.Therefore,Causing Band,Jam etc is punishable under section 268 of the IPC.

I am of the Opinion that FIR must be lodged against the doer of such wrongful acts

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