UPSC CURRENT AFFAIRS – 21st March 2025

Home UPSC Current Affairs Should immigrants have the same right to protest as citizens?

Should immigrants have the same right to protest as citizens?

Why in News:

The U.S. crackdown on foreign student protests, including the deportation of Indian doctoral student raises concerns over free speech, immigration laws, and national security policies.

U.S. Crackdown on Foreign Student Protests

Indian doctoral student Ranjani Srinivasan left the U.S. on March 11, 2025, after her visa was revoked following an ICE raid accusing her of being a “pro-Hamas sympathizer.”
This follows the arrest of Palestinian student Mahmoud Khalil for alleged ties to a U.S.-designated terrorist group, raising concerns over immigrants’ rights to protest and free speech restrictions.

Do Immigrants Have the Right to Protest?

Article 19 of ICCPR grants freedom of expression to all, including immigrants, but allows restrictions for national security and public order.
In the U.S., First Amendment protections extend to non-citizens but are uncertain in deportation cases.

U.S. Legal Justifications

Immigration and Nationality Act, 1952 allows deportation for supporting terrorist activities.
Trump’s 2025 executive order cracks down on antisemitism on campuses but raises constitutional concerns.
Section 212(a)(3)(C) of the Act allows deportation for “adverse foreign policy consequences”, criticized as vague and arbitrary.

Judicial and Policy Concerns

U.S. immigration judges operate under the Department of Justice, raising concerns of political influence over deportation cases.
Holder v. Humanitarian Law Project (2010) protects mere membership in a group, requiring proof of material support for criminal prosecution.

Impact on U.S. Soft Power & Higher Education

Crackdowns could undermine U.S. credibility in promoting free speech and democracy globally.
$400 million funding cuts for Columbia University could deter international students from studying in the U.S.

Constitutional Basis

While the Right to Protest is not explicitly mentioned as a Fundamental Right, it is derived from Article 19 of the Constitution, which guarantees the Right to Freedom of Speech and Expression.

Key Provisions Under Article 19

Article 19(1)(a): The Right to Free Speech and Expression allows individuals to express opinions on government actions and policies.
Article 19(1)(b): The Right to Association enables people to form political groups or organizations to challenge government decisions.
Article 19(1)(c): The Right to Peaceful Assembly allows citizens to organize protests, demonstrations, and public meetings to hold the government accountable.

These rights collectively empower citizens to protest peacefully against government policies, actions, or inaction.

Significance of the Right to Protest

Acts as a Democratic Watchdog: Ensures that the government remains accountable to the people.
Provides Feedback Mechanism: Enables public participation in governance and policy correction.
Strengthens Democracy: Encourages public discourse, consultations, and discussions on laws and policies.

Restrictions on the Right to Protest

The Right to Protest is not absolute and is subject to reasonable restrictions under Article 19(2), which allows limitations in the interests of:

Sovereignty and integrity of India
Security of the State
Friendly relations with foreign states
Public order
Decency or morality
Contempt of court
Defamation
Incitement to an offense

Additionally, violence during protests violates Article 51A, which makes it a fundamental duty to safeguard public property and abstain from violence.

Key Supreme Court Judgments

Shaheen Bagh Protests Case (2019): The SC upheld the right to peaceful protest but ruled that public spaces cannot be occupied indefinitely.
Mazdoor Kisan Shakti Sangathan Case (2018): The SC balanced the rights of local residents and protesters, directing the police to designate areas for protests.
Ramlila Maidan Incident v. Home Secretary (2012): The SC ruled that citizens have a fundamental right to peaceful protest, which cannot be arbitrarily restricted by the executive or legislature.