maintenance of public order. The authorities may pursue the legitimate aim of
protecting national security and preventing disorder, in relation to the slogans chanted
in favour of illegal armed groups, which invariably will have violent connotations.
2.
Public Safety: It may restrict the rights to freedom of assembly and association only
against a specified and genuine danger to people’s life, physical integrity, or serious
damage to their property.
3.
Public order: When it poses a serious threat to the very functioning of society. This
does not permit dispersing an otherwise peaceful protest which causes an
inconvenience or disruption such as heavy traffic congestion, unless the disruption is
serious and sustained.
4.
Prevention of crime
5.
Protection of serious threats to health: To prevent the spread of disease or injury.
6.
Protection of rights and freedom of others: Assemblies should not be aimed at the
violation of the rights of others. This may relate to the protection of human rights
guaranteed under the ICCPR of people not participating in the assembly. At the same
time, assemblies are a legitimate use of public spaces and other spaces. Since they may
inevitably disrupt ordinary life, such disruption must be accommodated unless they
impose a disproportionate burden. In this case, the authorities must be able to provide
detailed justification for any restriction.
For instance, the protesters demonstrating in front of the Attorney General’s office or
Court complex with obscene sculptures to draw attention to corruption and political
control over the said office may be regarded as immoral and offensive and fall within
the scope of pursuing the legitimate aim.
7.
Of meeting the just requirements of the general welfare of a democratic society/
Necessary in a democratic society: any restrictions must therefore be necessary and
proportionate in the context of a society based on democracy, the rule of law, political
pluralism, and human rights. It is not sufficient for the restrictions to be merely
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