18. Recognizing that States must not only refrain from applying unreasonable restrictions upon
the right to assemble peacefully but also safeguard that right. However, the essential object
of Article 14(1)(a) and (b) of the Constitution is to protect the individual against arbitrary
interference by public authorities with the exercise of the rights protected and, in addition,
a positive obligation to secure the effective enjoyment of these rights.
II.
Derogation from fundamental rights obligations
1. The State may only derogate from its obligations guaranteed under Article 14 of the
Constitution where the exigencies of the situation strictly require a state of emergency.
When the exigencies cease, emergency powers must be withdrawn. In particular, the crisis
or emergency must be actual or imminent, which affects the whole population and threatens
the organized life of the community of which the State is composed.
2. Generally, emergency powers must be tailored to an immediate and urgent crisis. They
shall not be used to limit legitimate dissent, protest, expression, and the work of society.
The public must be made aware of the exigency of the situation.
3. While the State has a right to prohibit an assembly, it should be a measure of last resort. It
should only be considered when a less restrictive response would not achieve the purpose
pursued by the authorities in safeguarding other relevant rights and freedoms and public
order. Any ban or prohibition of an assembly should be decided only on a case-by-case
basis. Each assembly must be assessed using the framework of the legitimacy, necessity,
and proportionality tests.
4. To justify a prohibition, the State must provide evidence that it has first attempted to
facilitate the assembly or to impose less onerous restrictions. For example, where the State
argues that it has inadequate resources to protect a peaceful assembly, prohibition may
represent a failure of the State to meet its positive obligations.
5. The State must not impose a blanket ban on all assemblies. A blanket ban of all assemblies
during certain times, or from particular locations or public places suitable for holding
assemblies constitutes excessive restrictions violating the right to freedom of assembly.
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