On Wednesday, Dalit and tribal organizations called for a Bharat Bandh. This bandh has been called against the Supreme Court's decision, which talks about implementing creamy layer and quota within quota in Scheduled Caste and Tribe reservation. An organization called National Confederation of Dalit and Tribal Organizations called this decision against the constitutional rights of Dalits and tribals and has demanded the central government to cancel it.
Right to call for a Bharat Bandh:
India is a democratic country where every citizen has the right to express his views. Under Article 19 of the Indian Constitution, citizens have been given many rights. Article 19 (A) gives Indians the right to freedom of speech and expression. Whereas, under Section-B, people can gather peacefully anywhere without any weapons. On this basis, organizations can declare Bharat Bandh.
Legal aspects of demonstration:
The Indian Constitution allows peaceful demonstrations, but it cannot involve weapons. Action under the law is taken when these demonstrations turn violent. In case of violence, cases are registered under different sections, which also have different punishments. For example, if protesters damage someone's property during Bharat Bandh, action can be taken against them under the Prevention of Damage to Public Property Act 1984. Under this law, damage to public property can lead to imprisonment of up to five years and a fine.
Initiative of Supreme Court:
The Supreme Court took suo motu cognizance to make this law more effective and formed a committee for this in 2007. The first committee was Justice Thomas and the second was Nariman Committee. However, despite these efforts, the matter did not become very effective. After this, when the number of riots and demonstrations increased in the country, the Supreme Court suggested forming a tribunal. Its purpose was to recover money from the miscreants who damage public property.
Example of Uttar Pradesh:
During the protests against CAA in Uttar Pradesh, the state government brought a law called Uttar Pradesh Compensation for Damage to Public and Private Property Act 2020. Under this law, if property is damaged due to rioters, then it will be compensated by them. India is a democratic country, where there is a right to peaceful protest and Bharat Bandh. But when these protests turn violent, legal action is taken. Therefore, whenever a protest or Bharat Bandh is organized, it should be ensured that it is peaceful and within the ambit of the law. This not only ensures that the demands of the protesters can be heard, but also ensures the safety of the country's property and the general public.
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