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Farmers have constitutional right to protest: Supreme Court

The Supreme Court of India on Thursday categorically said that agitating farmers have the Right to do so and they can continue their “absolutely perfect” protest as long as the dissent did not turn into violence.

A Bench headed by the Chief Justice SA Bobde said “We recognise the right to protest. There is no question of curtailing it. But it should not damage anybody’s lives.” The court also cautioned the government against trying to “Instigate” violence. The Chief Justice said that as fellow Indians, the judges too understand the problems of farmers.

Yes. there is a protest that is going on. Yes, the protest is constitutional as long as it does not damage property and lives. It is an absolutely perfect protest

Justice SA Bobde, Chief Justice of India

The Court, however said the purpose of the protesting farmers would not be served if they continued to sit without engaging in talks. Then the court reiterated its suggestion of forming an “Impartial and independent” Committee.

“We are thinking of an independent committee before whom both sides can state their case while the protest goes on. The committee can give its opinion after hearing them. We expect parties to follow the committee’s opinion. Meanwhile, the protest will continue without causing violence or damage”, Chief justice Bobde suggested.

Attorney General K.K. Venugopal objected to the farmers’ attitude. He said the farmers cannot corner the government into a ‘Yes or No’ to their demand to repeal the laws.

The Chief justice asked Mr. Venugopal whether the government could give an assurance to keep the implementation of the farm laws in abeyance in order to facilitate talks. The attorney General was not non-committal.

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