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’ claim to exercise their right to freedom of speech and expression is subject to reasonable restrictions under the Constitution of India. While the right to protest is protected, it does not justify illegal acts such as damaging public property, disrupting traffic, or using offensive language.
Freedom of Speech and Expression: It is a fundamental right but not absolute. The State can impose reasonable restrictions in the interests of public order, decency, morality, and sovereignty.
Actions Like Property Damage and Traffic Disruption: These are unlawful acts and violate laws relating to public safety and order. Such behavior is not protected under the right to protest.
Fundamental Duties under Article 51A: Citizens have the duty to
Respect the Constitution, the National Flag, and the National Anthem (Article 51A(a)),
Protect public property (Article 51A(g)),
Promote harmony and the spirit of common brotherhood (Article 51A(h)),
Abide by the Constitution and respect its ideals and institutions (Article 51A).
Damaging public property and causing disruption violates these duties.
Hence, while citizens have the right to protest peacefully, their actions must comply with the law and constitutional duties. The claim to freedom of speech does not justify unlawful conduct.