Dissent Must Be Orderly, Right To Protest Doesn't Mean One Can Take Law In Their Own Hand: Orissa High Court
While hearing a PIL seeking independent investigation into Balasore FM College student self-immolation case, the Orissa High Court reiterated that though right to protest is ingrained in the democracy and is also a fundamental right, but no one can be allowed to take law in his hands to cause disturbance to normal lives of citizens.
The Division Bench of Chief Justice Harish Tandon and Justice Manash Ranjan Pathak was hearing a plea filed by Advocate Shivsankar Mohanty who, apart from seeking SIT probe, alleged that different political parties are trying to gain mileage from the sensitive issue.
To put briefly, a female student of Fakir Mohan Autonomous College, Balasore had put herself on fire by pouring petrol on July 12, 2025 in the aftermath of repeated harassments by the Head of the Department (HOD). Though immediate medical attentions were given, the girl succumbed to her extensive fatal burn injuries on July 14, 2025.
The student had flagged the harassment and accordingly, the Internal Complaints Committee (ICC) constituted under the Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013 had taken cognizance of the issue. However, being dissatisfied by the findings of the Committee, she took the extreme step of immolating herself.
Subsequent to the death of the girl, several political parties including the Indian National Congress (INC) and Biju Janata Dal (BJD) had called for strikes and state-wide protests which affected normalcy.
The petitioner urged the Court to pass certain directions against any further strikes over the issue which have detrimental effect not only on the people but also on the State economy.
The Court reiterated that in a democratic society right to protest is ingrained and inhered in the system from the era of the freedom movements, but in the veil of protest, people/political parties must not take law into their hands.
“Equally, we cannot ignore that in the garb of a right to protest, no one should be allowed to take the law in their own hand nor should cause any disturbance to the normal life of a person and in this regard even the Apex Court has considered that right to protest peacefully is a fundamental right.”
Therefore, it directed the State to take appropriate legal steps in case of anyone indulged in unlawful protests/activities. It further observed –
“Our country embraces the dissenting views but such dissent must be in an orderly manner requiring the society to ponder upon and the discourse in this regard are always welcomed. Any act in the guise of a dissent which offends any provision of law can never be regarded as a right guaranteed under the constitution as every fundamental right is subject to such reasonable restrictions, which is imposed on every citizen of the country.”
Case Title: Shivsankar Mohanty v. State of Odisha & Ors.
Case No: W.P.(C) No. 20187 of 2025 (PIL)
Date of Order: July 22, 2025
Counsel for the Petitioner: Mr. Shivsankar Mohanty, Advocate (In person)
Counsel for the Respondents: Mr. Pitambar Acharya, Advocate General assisted by Mrs. Suman Pattanayak, Addl. Govt. Advocate; Mr. T.K. Satapathy, Standing Counsel for the UGC