The Bombay Bar Association (BBA) has passed a resolution expressing deep concern over the recent incidents involving students protesting issues relating to the future of education, emphasising that the right to peaceful assembly and dissent is a fundamental constitutional guarantee under Article 19 of the Constitution and an essential feature of democratic governance.
Referring to videos and media reports allegedly showing students being subjected to lathi-charge and tear gas, the Association stated that if the reports are accurate, the use of force against students exercising their constitutional rights is deeply disturbing and cannot be countenanced in a society governed by the rule of law. It stressed that law enforcement authorities are expected to act with restraint, proportionality and due regard for the constitutional rights and dignity of every citizen.
The Association also noted that the right to peaceful protest is recognised under the International Covenant on Civil and Political Rights (ICCPR), 1966, to which India is a signatory.
At the same time, the BBA unequivocally condemned any acts of violence, vandalism or destruction of public or private property by protesters, observing that violence undermines the legitimacy of peaceful movements and cannot be justified under any circumstances.
The resolution further deprecated the use of force and intimidation tactics such as the filing of FIRs, stating that the concerns raised by students regarding the future of education are matters of immense public importance and deserve meaningful engagement rather than confrontation.
Calling for a constructive resolution of the issue, the Bombay Bar Association urged all stakeholders to exercise restraint, uphold the rule of law, refrain from violence in every form, and engage in open, sincere and meaningful dialogue so that the issues raised by the students can be addressed in a manner consistent with the Constitution, India’s international obligations, and the country’s democratic traditions.