Protesters have been penalized using the full range of criminal law and saddled with prohibitory bail orders, movement limitations, and even bills and liability for alleged property destruction – all measures that have a chilling effect on peaceful protest.Legitimate justifications for restricting assembly have been abused by Indian authorities, who have used public health or traffic considerations as excuses to shut down or prevent assemblies, rather than going to the lengths required under international law to accommodate protests and gatherings.Local law enforcement agencies have often failed to protect protesters, and have encouraged or stood by while provocateurs or counter-protesters have used violent means to attack peaceful protesters. An increasingly common requirement for prior permission for assembly, which is in conflict with international standards that only speak of prior notification systems.Criminal law is often misused to deem peaceful assemblies illegal and unlawful, either through using the absence of official ‘permission,’ or using stray incidents of violence to initiate criminal proceedings against the leaders and organizers.A punitive, security-focused approach has been increasingly deployed, amidst a growing trend of demonizing and criminalizing public protests, including the vilification of assembly organizers.Despite constitutional protections at the national level, the devolution of specific policing powers and law-making to the states has created a web of regulations that dilute protections for free assembly.The report explores several issues surrounding the Indian government’s approach to regulating assembly, including:
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