Students of the West Bengal National University of Juridical Sciences (NUJS), Kolkata, have issued a strongly worded statement condemning the detention of individuals and peaceful protesters in and around Delhi, raising serious questions about the exercise of police authority and the curtailment of constitutionally guaranteed freedoms. The statement, released by the NUJS student community, expresses deep concern over what it describes as the unlawful curtailment of the right to peaceful protest, a right that lies at the heart of democratic participation.

The students anchor their condemnation in the Constitution of India, explicitly invoking Article 19(1)(b), which guarantees the right to assemble peacefully and without arms. They acknowledge that reasonable restrictions may be imposed in accordance with law, but insist that such restrictions must not become a tool for arbitrarily curtailing peaceful assembly or suppressing constitutional freedoms. “The right to assemble peacefully and without arms is constitutionally guaranteed under Article 19(1)(b) of the Constitution of India,” the statement reads, adding that this right is fundamental to democratic participation and the expression of dissent.

Detention of Journalists and Lawyers Raises Alarm

The NUJS students specifically highlighted the detention of journalists who were documenting the demonstrations, warning that such actions threaten press freedom and the public’s right to receive information. They also flagged reports that members of the legal fraternity, including Senior Advocates and Advocates-on-Record (AORs), were subjected to detention. The students described this as an especially troubling development, given the role of lawyers in upholding the rule of law and safeguarding constitutional rights. These detentions, they argue, indicate a broader pattern of state action that chills essential democratic functions.

Police Accountability and Transparency Under Scrutiny

Another significant concern raised by the students was the reported involvement of police personnel without visible identifying badges. This lack of identification, they said, underscores the need for accountability and transparency in the exercise of state power. While most of those detained have reportedly been released, the statement contends that the circumstances surrounding the incidents warrant serious scrutiny of how state power is used to curtail dissent. “Peaceful dissent is an essential feature of democracy and not a threat to it,” the statement asserts, directly challenging any narrative that equates peaceful protest with public disorder.

Students Call for Respect of Constitutional Rights

The NUJS student community called upon the concerned authorities to respect the constitutional right to peaceful protest, ensure that all persons detained in connection with the demonstrations are accounted for, and release those whose continued detention lacks lawful justification. They further demanded that any restrictions on public assembly or movement be imposed and enforced strictly in accordance with the Constitution and the law. “As a student community committed to the study of law and the principles of constitutional democracy, we stand in solidarity with those exercising their right to peaceful protest,” the statement concluded, reiterating that the protection of civil liberties and the right to dissent are indispensable to a functioning democracy.

The detentions in question occurred in the context of recent protests in and around Delhi, although the statement did not specify which particular demonstrations triggered the response. The NUJS students’ condemnation adds a legal-academic voice to the ongoing debate about the limits of police action during public protests. By framing their concerns within the constitutional guarantee of Article 19(1)(b) and the permissible grounds for restriction under Article 19(2), the students have placed the issue squarely in the domain of fundamental rights jurisprudence. Their call for proportionality and accountability resonates with broader legal principles that require any limitation on rights to be necessary, proportionate, and procedurally fair.

The legal community has taken note of the statement, with several practitioners and academics commenting on the importance of student-led advocacy for constitutional values. The incident also raises questions about the use of police powers in the national capital, particularly regarding the detention of lawyers and journalists – individuals whose professional identities are meant to safeguard democratic institutions. As the situation develops, the NUJS statement serves as a timely reminder that the right to peaceful protest remains a cornerstone of India’s constitutional democracy, and that any deviation from that principle demands rigorous scrutiny.

In the absence of a formal judicial ruling on the matter, the students’ statement effectively calls for public accountability through constitutional discourse. The next steps remain unclear, but the NUJS student community has made clear that they will continue to monitor the situation and press for adherence to the rule of law. Their intervention underscores the role of law schools not only as centers of legal education but also as voices for the protection of fundamental rights in times of political tension.