In a state where protests are woven into the fabric of daily life, a new debate is taking centre stage — where should the line be drawn when it comes to occupying public spaces?
From political rallies to union strikes, Kerala’s roads, footpaths, and junctions often transform into protest sites, bringing life to a standstill. However, with the Kerala High Court taking a tough stance against encroachments that choke public movement, the state government is now under pressure to act.
At the heart of the debate lies a dilemma: How does a democracy balance the right to protest with the right to free movement?
With the government now mulling amendments to the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011, the challenge is clear —protect the spirit of dissent without turning public spaces into no-go zones.
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Striking a delicate balance
The state has long been a hotbed of protests — an indicator of its vibrant democracy and politically aware populace.
However, this culture often clashes with another fundamental right: Free movement. While Articles 19(1)(a) and 19(1)(b) of the Indian Constitution guarantee freedom of speech and peaceful assembly, Article 21 ensures personal liberty, including the right to mobility.
The challenge lies in balancing these rights without compromising either.
Despite the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011, aimed at ensuring unobstructed movement, its enforcement remains inconsistent.
A march by CPI(M)
“Protests are essential for democratic participation,” Jibin Babu, a programme producer with a production house told South First. “But frequent roadblocks affect commuters, businesses, and even emergency services. The right to protest shouldn’t override public mobility.”
The judiciary has weighed in on this conflict.
In The Federal Bank Ltd v Federal Bank Officers’ Association (2024), the Kerala High Court ruled that there is no fundamental right to protest “at any place the agitator pleases,” and reasonable restrictions can be imposed when protests interfere with others’ rights, such as the right to carry on lawful business or enjoy property.
The Supreme Court’s 2020 Shaheen Bagh ruling reinforced this view, stating that demonstrations should not occupy public spaces indefinitely.
Speaking toSouth First, atraffic police sub-inspector noted the dilemma officers face. “When protests choke roads, diversions are necessary. But then, people ask — should protests trump mobility?” the officer questioned.
Daily commuter Swathi CS argued that while protests are crucial, movement should take precedence. “Demonstrations should be regulated to avoid disrupting daily life,” she told South First.
She further added, “As far as I understand, even if a protest or procession or any form of demonstration takes place it should be ensured that the public has their right to unobstructed movement by vehicles and on foot.”
Earlier, a division bench of the Kerala High Court initiated contempt proceedings against political leaders, including CPI(M) State Secretary MV Govindan, CPI’s Binoy Viswam, and Ernakulam District Congress Committee (DCC)President Muhammed Shiyas, for violating its directives by holding road-blocking protests.
The leaders then tendered apologies for defying a 2010 ruling against public gatherings on roads.
Following the court’s criticism of lax enforcement, as the bench urged stricter application of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011, the state police chief issued a circular to ensure compliance and prevent future violations.
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Allowing public protests and promotions with a fee?
The state government is considering amendments to existing laws to permit public protests and promotional activities by levying a nominal fee.
This was revealed by Minister for Local Self-Government MB Rajesh in response to a calling attention motion raised by Nadapuram MLA EK Vijayan in the Assembly on 25 March.
The motion highlighted concerns over legal restrictions on public demonstrations and the display of billboards, with the MLA arguing that court interventions had complicated the process for organisers and local body officials.
He pointed out that except for spontaneous protests, most demonstrations were conducted with prior permission and did not cause significant inconvenience.
Party workers during a party programme
He also noted that many roads were built with contributions from political parties and the public, justifying the presence of banners and hoardings.
At the same time, the minister stated that the Kerala High Court had issued multiple interim orders mandating the removal of illegally erected banners, flags, festoons, and hoardings that obstruct public spaces.
The government had acted upon these directives and was now working towards a structured solution.
He stated that a meeting chaired by the chief minister on 4 January 2025 had decided to amend laws and regulations to facilitate public promotions under a regulated framework.
A fixed fee would be imposed to ensure compliance with legal provisions while safeguarding public safety and minimising inconvenience. The promotional materials used must also adhere to legal standards.
The minister also stated that the Principal Director of the Local Self-Government Department has been assigned to draft a proposal for the amendments, which will serve as the basis for further action.
He then underscored that the government remains committed to allowing public promotions and protests in a legally compliant manner, with necessary legislative changes to be implemented at the earliest.
As the government weighs its options, the crux of the matter remains — no right should universally overshadow the other. The real challenge lies in striking a delicate balance — upholding the power to protest while keeping the rhythm of daily life uninterrupted.
(Edited by Muhammed Fazil.)
