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Home > Know Your Rights > Right to Assemble
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Legal Framework

·  Article 19(1)(b) of the Constitution of India states that :

 “All citizens shall have the right to assemble peaceably and without arms”

 

·  Article 19(3) of the Constitution of India states that:

“Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.”

 

·  Section 144 of the Criminal Procedure Code empowers state-level authorities to declare a state of emergency, restrict free assembly, and impose curfews. Officials occasionally use Section 144 to prevent demonstrations.

 

·  Freedom of peaceful assembly was guaranteed as a Fundamental right by the First Amendment to the Constitution of India in 1951.

 

·  The Prevention of Seditious Meetings Act, 1911 empowers the government to declare an area a proclaimed area if there was a threat of disturbance to public tranquility.

 
 
 
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