Parameters of protest
“Every citizen and political party has the right to assemble and protest provided such assembly and protest is peaceful and complies with the law imposing reasonable restrictions in the interest of public order. The right to assemble and protest is circumscribed only to the extent that it infringes on the fundamental rights of others, including their right to free movement and to hold and enjoy property...Protestors who obstruct people’s right to use roads and damage or destroy property must be proceeded against in accordance with the law and held accountable.” With this, the Supreme Court of Pakistan set the parameters of protest in its judgement in the 2017 Faizabad sit-in case.
Hardly anybody in a democratic society can disagree with the right to peaceful protest by citizens, which provides a mechanism to people to express their demands and voice their concerns on any issue of national or international importance. And the power of such peaceful disruption is indisputable. Nothing should be used as an excuse to clamp down on a people’s right to use their freedom to protest for their rights. Any democratic nation should ideally be able to host both protesters and rule of law without controversy or clash. That, however, is not the case in Pakistan at the moment. While the ability and right to protest should be defended and cherished, there are – as with any rights – some duties and parameters that come attached. These include the responsibility to ensure that no one is harmed due to the exercise of a right. The PTI protests currently underway show little responsibility, choosing chaotic disruption over strategic political messaging. Schools have been shut down disrupting education for children; the Board of Intermediate and Secondary Education has announced a delay in practical exams; and people have been stuck on the roads for hours as they figure out how to get home. There is a real danger that, as the long march accelerates, the situation of citizens notably in the federal capital and Rawalpindi could become worse. Already, people who wish to travel are concerned about what route to take.
What is the way out? Surely, clamping down on protest cannot be condoned. But then so can’t damage to public property and harm to the daily lives of countless citizens who are not protesting. A happy compromse is for the PTI to ensure that its protests do not worsen the lives of citizens to such an extent that they are unable to carry out their work and daily life peacefully. And the government must ensure it upholds the legalities as regards the right to protest peacefully. In all this, ‘peacefully’ must be the operative word. Protests in themselves are not an issue – nor should they be – but protests that are looking to create trouble by blocking thoroughfares or burning tyres or stopping people from getting home are not in the aid of any cause but that of chaos.
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