Justice Bhuyan Flags Shrinking Space for Dissent in India

Addressing a function at the National Law Institute University (NLIU) in Bhopal, Justice Bhuyan said courts are duty bound to protect the fundamental freedoms and pointed out that the space for public protest in India was constricting. 

Justice Bhuyan Cites Biryani Arrest As Alarming Example

Giving the example of 14 Muslim students being lodged in prison for nearly three months for eating chicken biryani at the Ganga while breaking their Ramzan fast on a boat, Justice Bhuyan challenged the very foundation on which criminal actions are initiated.

"I am sure consuming chicken biryani is not an offence. There is no law prohibiting consumption of chicken over the Ganga river; they were arrested for that very reason and they had to remain in jail for three months. Can people be arrested and denied bail for 3 months for such an activity, I ask myself! Citizens are watching, people are watching," he said.

Warns Democratic Space Is Steadily Shrinking

Justice Bhuyan stated the incident was an indication of the increasing trend to launch criminal proceedings for the exercise of fundamental liberties.

"It will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. Right to express one's views and right to demonstrate peacefully are fundamental freedoms of citizens. Debate and dissent are the essence of democracy. Unfortunately, even formal activities are criminalised," he said.

Raises Concerns Over Restrictive Bail Conditions

Justice Bhuyan also questioned the restrictiveness of bail conditions, mentioning how a blanket ban from entering into public gatherings and engaging on social media can suppress the right to dissent. He stated he had witnessed cases where the Supreme Court placed a ban order on an accused person who is granted bail to enter into public space and participate or hold meetings.

The SC Judge also noted that strict conditions on grant of bail to youth as passed in Gulfisha judgment under the context of riot cases in the Capital had impacted the fundamental freedoms.