Justice AS Oka Advocates for Unfettered Dissent in India
Justice Abhay S. Oka, a former judge of the Supreme Court of India, has raised concerns over the increasing trend of criminalizing dissent, warning that this could jeopardize the democratic fabric of the nation. Speaking at the inaugural Advocate Haroon Solkar Memorial Lecture on August 1, held at KC College Auditorium, Mumbai, Justice Oka emphasized the judiciary’s role in safeguarding free speech, especially when fundamental rights are involved.
Justice Oka stated, “The court may not appreciate the content of what protestors are expressing, but it remains the duty of the judiciary to protect their right to freedom of speech and expression. It is not for the courts to advise or dictate what protestors should or should not say.” The event was organized by the Lawyers’ Alliance for Justice, during which Senior Advocate Rafique Dada received the “Juridical Excellence Award 2026.”
Protecting Constitutional Rights
During his address, Justice Oka drew on Constituent Assembly debates to underline that the architects of the Indian Constitution did not envisage a scenario where citizens’ voices would be disregarded. He stressed the importance of peaceful protests as a democratic right, stating, “If peaceful protests are not allowed, the essence of democracy is lost.” This was in reference to a past incident in Karnataka where Section 144 of the Criminal Procedure Code was used to prevent an anti-CAA protest at Bengaluru’s Freedom Park.
He further asserted, “If someone wishes to conduct a peaceful protest without breaking any laws, police must allow it. The courts have a duty to ensure lawful protests within the constitutional framework are permitted.”
Courts as Guardians of Freedom
Justice Oka reiterated the judiciary’s responsibility towards those who face legal action for their comments or social media expressions. “The primary concern of the court should be whether the offense is legitimate and if there’s an infringement of the fundamental right to freedom of speech. If a violation is found, the court must provide relief,” he stated, questioning which other institution would protect citizens’ fundamental rights if not the courts.
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When a law student sought guidance on the right to protest under Article 19, Justice Oka encouraged the younger generation to thoroughly study and comprehend the Constitution. He reiterated the constitutional acknowledgment of the right to peaceful protest, quoting Irish writer Sir Thomas More to emphasize that citizens should not be restricted to expressing only what pleases those in power.
Concluding his address, Justice Oka highlighted the necessity of defending freedoms under Article 19(1)(a) and Article 21, even at significant personal cost, to ensure the survival of democracy.
