Q.Do 4 situations (peace march after riots; temple-entry march by Dalits; Adivasi land-return road-block; caste panchayat punishing intercaste couple) demand restrictions on freedom? Give reasons.
Restriction on freedom of assembly/movement is justified only when there is a genuine, specific,
proportionate threat to public order -- not simply because an activity is unpopular or
controversial. On that test: a peace march after riots should be encouraged, not restricted; a
peaceful temple-entry march by Dalits should not be restricted just because it challenges custom;
an Adivasi road-block over land rights may justify a narrow, proportionate restriction on the
specific act of blocking a road while the underlying protest itself remains protected; and it is
the caste panchayat's punishment of an intercaste couple -- not any protest -- that should actually
be restricted, since it violates the couple's own Fundamental Rights.
A peace march organised after communal riots to restore calm directly serves public order rather than
threatening it, so restricting it would be difficult to justify under Article 19(2)'s "public order"
ground -- if anything, such a march supports the very interest the restriction power exists to
protect.
A peaceful march by Dalits asserting their right to enter a temple is the exercise of protected
freedoms (assembly, and arguably freedom of religion/worship, alongside the Right to Equality); being
controversial, or opposed by some, is not by itself a valid ground for restriction -- a "reasonable
restriction" must rest on an actual public-order threat, not merely social disapproval of what the
marchers are asserting.
Adivasi groups blocking a road to demand the return of their land raises a genuine, narrower question:
peaceful protest itself remains protected, but a sustained road-block that seriously disrupts other
citizens' movement could justify a proportionate, narrowly targeted restriction on the specific act of
blocking the road (for example, requiring the protest to move to an adjoining space) -- while the
underlying right to protest for the return of their land should not be suppressed.
A caste panchayat punishing an intercaste couple is not a case calling for restriction of a
Fundamental Right at all -- it is the caste panchayat's own action that violates the couple's
Fundamental Rights (their freedom to marry as they choose, their liberty and dignity under Article 21,
and protection from discriminatory, extra-legal punishment), so the state's role here is to STOP the
panchayat's punitive action and protect the couple, not to restrict any protest.
A peace march after riots generally should NOT be restricted (it promotes public order); a
peaceful temple-entry march by Dalits should NOT be restricted merely for being controversial (restricting it would itself violate rights); the Adivasi land-return road-block raises a genuine, narrowly-targeted public-order concern that MAY justify limited, proportionate restriction if it blocks essential movement, but the underlying protest itself should not be banned; caste-panchayat punishment of an intercaste couple should be stopped -- it is the caste panchayat's action, not any protest, that deserves restriction, since it violates the couple's own Fundamental Rights.
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