III. THE RIGHT OF PEACEFUL ASSEMBLY 1. The law only protects peaceful assemblies 1.1 The right to protest is a universally recognised human right, which includes the right to freedom of expression; freedom of peaceful assembly and association; the right to take part in the conduct of public affairs, right to freedom of thought, conscience and religion; the right to participate in cultural life, the right to life, privacy, liberty, and security of a person; and the right to non-discrimination enshrined in the Constitution. The right to protest is also essential to securing all human rights, including economic, social, and cultural rights. 1.2. International law recognizes that the right to peaceful protests may, in some instances, be limited. The burden is on the authorities to justify that the restriction is necessary and proportionate in pursuing a legitimate aim. No restrictions on the rights to freedom of expression, assembly, or association may be imposed unless the restriction is prescribed by law and pursues a legitimate aim such as national security (which may be invoked only to protect the country’s existence or its territorial integrity against or political independence against a credible threat of or use of force from an external or internal source), public order, public health, public morals, and public safety (ICCPR). 1.3. The right to peaceful protest cannot be exercised using violence. Violence in the context of Article 14 of the Constitution would entail the use of physical force by the participants against others that are likely to result in injury or death, or severe property damage. Mere pushing and shoving, obscene gestures, or disruption of vehicular or pedestrian movement or daily activities do not amount to violence [General comment No. 37 (2020) on the right of peaceful assembly (article 21)]. 1.4. Counter-demonstrations can occur when one set of protesters confronts another set of protestors. Both sets of protesters are within the ambit of the protection mentioned in Article 14 of the Constitution. 1.5. The question of whether the protest is peaceful is ascertained by reference to any violence that originates from the protesters. Violence or provocations caused to a 3