The Right to Protest: Legal Limits and Government Crackdowns – A Global and Nepali Perspective

I. Introduction: Why Protest Matters
In any functioning democracy, the right to protest isn’t just a legal footnote — it’s the heartbeat of civic life. It’s how everyday people, often with little power or privilege, make their voices heard. Whether it’s marching for justice, speaking out against inequality, or standing up to government overreach, protest has always been a powerful driver of change.

History offers countless examples: from the Civil Rights Movement in the U.S. to India’s independence struggle and today’s global climate strikes. These weren’t polite conversations — they were often loud, disruptive, and uncomfortable. And yet, they moved societies forward.

But across the world today — and right here in Nepal — this right is increasingly under pressure. Governments, citing “national security” or “public order,” are making it harder and riskier for people to speak up. While some rules are necessary to maintain peace, many are being used as tools of control rather than protection.

This article explores the evolving landscape of protest rights, looking closely at international standards and how they’re being applied — or misused — in Nepal. The deeper question it asks is this: Are we watching a slow erosion of democracy in real time?

II. What Is Protest — And Why Does It Matter?
At its core, protest is a form of communication. It’s people saying, “We see injustice, and we won’t stay silent.” Protests can look different — marches, sit-ins, strikes, online campaigns, even peaceful disobedience — but their essence is the same: public expression of collective dissent.
This right isn’t just a standalone concept. It’s deeply connected to three fundamental freedoms:

• Freedom of expression
• Freedom of peaceful assembly
• Freedom of association

Importantly, protests don’t have to be polite or convenient to be legitimate. They only need to be peaceful — meaning no incitement to violence or imminent threat to public safety. Even disruptive or loud protests can be protected under the law.

In many ways, protest serves as a democratic pressure valve — a way for the public to hold power to account, share frustrations, and demand change when other systems fail.

III. What International Law Says About the Right to Protest
Across international human rights law, the right to protest is widely recognized — not as a privilege, but as a basic entitlement:

1. Universal Declaration of Human Rights (UDHR, 1948)

• Article 20(1): “Everyone has the right to freedom of peaceful assembly and association.”
  Though not binding, this document set the moral foundation for modern human rights protections.

2. International Covenant on Civil and Political Rights (ICCPR, 1966)

• Article 21: Protects peaceful assembly. Restrictions must be lawful, necessary, and proportionate — not just convenient for governments.
  Nepal is a signatory, meaning it has legally committed to uphold this right.

3. UN Human Rights Committee, General Comment No. 37 (2020)

• Asserts that governments not only must not interfere with peaceful protest — they must actively facilitate it.
• Public spaces are for the public. Restricting protest is the exception, not the rule.

4. Regional Human Rights Protections

• European, American, and African human rights conventions all protect peaceful assembly — reinforcing its global significance.

IV.  Around the World: How Protest Is Being Suppressed

1. Using Laws to Silence Dissent

     United Kingdom

• The Public Order Act 2023 introduced the vague term “serious disruption,” giving the state broad power to restrict protests.
• Climate activists have been imprisoned for simply walking slowly — deemed disruptive.

     Australia

• Over 36 new anti-protest laws have been introduced, mostly targeting environmental activism.
• Penalties include heavy fines and imprisonment, raising concerns about corporate influence over free speech.

     France & Germany

• Blanket bans on certain protests — especially those in support of Palestine — have raised alarms over discriminatory double standards.

2. Force, Fear, and Surveillance

• In the U.S., Belarus, Hong Kong, and beyond, protesters have faced rubber bullets, water cannons, and arbitrary arrests.
• Governments are also deploying facial recognition, phone tracking, and online surveillance to identify and intimidate protest leaders.

3. The Chilling Effect

• Vaguely written laws make it easy for authorities to label peaceful dissent as criminal.
• Protesters are often smeared as “troublemakers” or “threats,” discouraging civic participation and weakening public trust in democratic institutions.

V.  Nepal: Constitutional Promises, On-the-Ground Reality

1. What the Constitution Says

Nepal’s 2015 Constitution, a landmark democratic document, guarantees the right to protest:

• Article 17(2)(b): Right to assemble peacefully and without arms
• Article 17(2)(a): Freedom of opinion and expression

On paper, this aligns with international standards. In practice, things look very different.

2. The Laws That Govern Protests

• Civil Rights Act, 1955: Protects speech and assembly
• Local Administration Act, 1971: Gives Chief District Officers (CDOs) broad powers to ban or restrict protests — often with little oversight

3. Courts Speak — But Are They Heard?

• Maitighar Mandala Case (2018): Supreme Court upheld protest rights at a traditional protest site. But enforcement has been inconsistent.
• Giri Bandobast Case: The Court emphasized that preventive detention shouldn’t be used to shut down peaceful protest — but executive overreach continues.

4. Real Stories of Suppression

• In September 2024, activist Ruby Khan and others were arrested while protesting unlawful land grabs. Their protest was peaceful, but they were accused of disturbing public order.
• The Terai Human Rights Defenders Alliance reports that 37 people — mostly from marginalized communities — have died in protest-related incidents over the last decade.

5. A Region-Wide Problem

Nepal is not alone. India’s Section 144 of the Criminal Procedure Code, for instance, is often used to restrict assemblies with little justification. Both countries share a worrying trend: the routine overuse of legal tools to shrink democratic space.

VI. When Can Governments Legally Limit Protests?
Under international law, restrictions are allowed, but only under strict conditions:

• Legality: The rule must be clear and written into law
• Legitimacy: The goal must be legitimate — like protecting safety, not silencing criticism
• Necessity & Proportionality: The restriction must be absolutely necessary and not go further than needed

Vague bans, sweeping arrests, and criminalizing speech often fail all three tests.

VI- A. The New Frontline: Digital Protests
As more protests move online, governments are adapting — not by listening, but by cracking down digitally.

In Nepal, the Electronic Transactions Act, 2063 is increasingly used to charge social media users who criticize the government — even when the speech is peaceful and non-defamatory.

Globally, digital dissent is under threat too. Internet shutdowns, social media censorship, and algorithmic filtering are becoming modern forms of protest suppression.

It’s time we recognized digital protest as an extension of the right to peaceful assembly.

VII. What Needs to Change: Reform and Resistance

1. Reform the Law

• Amend the Local Administration Act to limit unchecked CDO powers
• Revise vague or overly broad laws like the Electronic Transactions Act
• Decriminalize peaceful protest once and for all

2. Train and Watch the Police

• Require human rights training for law enforcement
• Create independent bodies to investigate police violence and misconduct during protests

3. Protect the Digital Space

• Enshrine the right to online speech and protest in national law
• Ensure cybercrime laws aren’t weaponized against activists and journalists

4. Strengthen Civil Society

• Support groups that document abuse, provide legal aid, and train citizens on their rights
• Encourage media to cover protests fairly and avoid harmful stereotypes

VIII. Conclusion: Reclaiming Democratic Space
The right to protest is not chaos — it’s democracy in motion. Its how change begins, how governments are held to account, and how people turn pain into purpose.

In Nepal and around the world, this right is under siege. But the solution isn’t silence. It’s solidarity. Legal reforms are critical, yes — but so is civic courage. Judges, journalists, lawyers, students, and citizens must all step up.

Because the real threat to public order isn’t protest. It’s the erosion of the freedom to protest at all.