The Apex Body Leh has approached the Delhi High Court seeking permission for climate activist Sonam Wangchuk and other participants of a ‘Padyatra’ to hold a peaceful protest at Jantar Mantar or another suitable location from October 8-October 23, 2024.
Right to free speech and peaceful assembly
This request underscores the fundamental rights enshrined in Articles 19(1)(a) & 19(1)(b) of the Indian Constitution, which guarantee the right to free speech and peaceful assembly.
The petition highlights that around 200 participants initiated a peaceful march from Leh, Ladakh, to New Delhi, covering over 900 kilometers in 30 days. Their goal is to raise awareness about the ecological and cultural degradation affecting Ladakh and the broader Himalayan region.
The petitioners aim to conduct an awareness campaign and peaceful protests at Jantar Mantar or an alternative location in Delhi.
However, on October 5, 2024, the Delhi Police rejected the request for the peaceful demonstration at Jantar Mantar, claiming “no valid grounds” for the denial. The petition argues that this rejection infringes upon the petitioners’ fundamental rights to free speech and peaceful assembly, as outlined in the Constitution.
Furthermore, the Delhi Police have not provided any reasonable justification for their decision, despite the peaceful intent of the march led by the ‘Padyatris.’
The matter was brought before a bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela for urgent consideration. The court agreed to list the case for hearing on Wednesday.
The petition emphasizes that the proposed demonstration is a peaceful expression of dissent intended to raise awareness about critical social issues. The planned Anshan is designed to communicate grievances to the authorities.
By denying permission for this protest, the petition claims that the authorities are effectively suppressing a fundamental right and limiting the petitioners’ ability to engage in public discourse. This, in turn, undermines the principle of open expression in a democratic society.
The upcoming court hearing will be pivotal in determining whether the ‘Padyatris’ can proceed with their planned protest, which they believe is essential for bringing attention to the urgent ecological concerns facing their region.
The outcome could set a precedent for how such peaceful assemblies are treated under the law, particularly in relation to climate activism and environmental protection.
