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On the eve of India’s 80th Independence Day, senior social and health activist Sukesh C. Khajuria has issued an open letter to the citizens of India, urging the nation to embrace peaceful, responsible, and non-disruptive forms of democratic expression while reaffirming the constitutional values of freedom, accountability, and public welfare.
Congratulating fellow citizens on the historic occasion, Khajuria paid tribute to the country’s freedom fighters, martyrs, and nation-builders whose sacrifices secured India’s independence and laid the foundations of the world’s largest democracy.
Referring to this year’s Independence Day theme, “Honoring Freedom, Inspiring the Future,” he said the occasion should serve as a reminder that the true tribute to the nation’s heroes lies in building a stronger, more united, and developed India guided by a “Nation First” approach and the vision of Viksit Bharat @ 2047.
In his letter, Khajuria emphasized that the Constitution guarantees every citizen the fundamental right to freedom of speech and peaceful protest. However, he stressed that constitutional freedoms must always be exercised with equal respect for the rights and convenience of fellow citizens.
Expressing concern over the adverse impact of bandhs, strikes, road blockades, and rail blockades, he observed that such methods often inflict unnecessary hardship on ordinary people, including patients requiring emergency medical treatment, students appearing for examinations, daily wage earners, commuters, businesses, and emergency services.
Highlighting the constitutional and legal framework governing democratic protests, Khajuria referred to several landmark judgments of the Supreme Court of India, including Bharat Kumar v. State of Kerala (1997), affirmed in Communist Party of India (M) v. Bharat Kumar (1998), which declared enforced bandhs unconstitutional. He also cited Kameshwar Prasad v. State of Bihar (1962), T.K. Rangarajan v. Government of Tamil Nadu (2003), Ex-Capt. Harish
Uppal v. Union of India (2003), Mazdoor Kisan Shakti Sangathan v. Union of India (2018), Amit Sahni v. Commissioner of Police (2020), and In Re: Destruction of Public & Private Properties v. State of Andhra Pradesh (2009), noting that these decisions collectively establish that peaceful protest is constitutionally protected but cannot extend to indefinite occupation of public spaces, disruption of essential services, or violation of the rights of other citizens.
Khajuria further pointed out that under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts and serves as the constitutional standard governing democratic protests, public order, and the protection of citizens’ rights across the country.
Appealing for a new culture of democratic participation, he urged citizens to replace disruptive forms of protest with constructive alternatives such as peaceful public meetings, silent marches, candlelight vigils, human chains, signature campaigns, online petitions,
constitutional representations, public interest litigations where appropriate, lawful social media awareness campaigns, community service initiatives, stakeholder consultations, press conferences, public awareness programmes, policy papers, and other symbolic demonstrations that do not obstruct public life or emergency services.