Statement by India under Agenda Item 3: ID with the Special Rapporteur on the rights to freedom of peaceful assembly and association, at the 47th Session of Human Rights Council (21 June – 15 July 2021), delivered by Mr. Pawankumar Badhe, First Secretary, [Geneva, 01 July, 2021]

Madam President,

        One cherished and valuable aspect of the inclusive political life in India, the largest democracy of the world is the tradition to express grievances through peaceful assembly and marches. Organized, non-violent and popular marches by the people of India was the key weapon in the struggle for independence. Naturally the right to peaceful assembly has been recognized as a fundamental right by the Indian Constitution.

2. Article 19 of Indian Constitution guarantees to citizens of India the right to assemble, peacefully without arms, and the right to form associations and unions. The Supreme Court has ruled that the Constitution also guarantees the right to peaceful protest.

3. The Indian Constitution and the laws made thereunder have elaborate and stringent provisions to safeguard the fundamental rights of Indian citizens. All the fundamental rights, guaranteed under the Constitution, are justiciable and people can take recourse to the Supreme Court and High Courts for their enforcement.

Madam President,

4. While conscious of its responsibility to maintain law and order and protect the sovereignty and integrity of the nation, the Government has remained committed to enable the people to enjoy the rights to freedom of peaceful assembly and association. While striking a careful balance between the enjoyment of basic rights by the citizens and its duty to protect the right to life of its citizens, the Government has always respected the right of Indian citizen to freedom of peaceful assembly and association.

5. As the world’s largest democracy with a vibrant civil society and a robustly independent judiciary, India has been committed to fulfilling its human rights obligations.

Thank you, Madam President.