Can the right to protest coexist with the right to move freely?
While exercising their constitutional right to protest, protesters often disrupt public and private property, violate citizens’ right to free movement; at times, resulting in loss of lives. Is it possible to strike a balance between the two?
On 22 November, around 50 people gathered at the entrance of the Daily Star Centre after Friday prayers.
The protesters accused The Daily Star and Prothom Alo of being "agents of India."
In response to the tense situation, Dhaka Metropolitan Police personnel positioned themselves on the premises for security reasons.
A few days later, on 24 November, violence erupted in Old Dhaka as students from more than a dozen colleges, including Dr Mahbubur Rahman Mollah College (DMRC), Dhaka City College, Dhanmondi Ideal College, Donia College, and other institutions, attacked Government Shaheed Suhrawardy College.
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The incident, described as a retaliation for earlier tensions, resulted in at least six vehicles being vandalised.
The protesters attempted to storm Kabi Nazrul Government College but were unable to enter. Clashes between groups throwing brick chunks left at least 30 people injured.
The same day protesters targeted Dhaka National Medical College Hospital, where a student from Mollah College, Avijit, had died on 18 November, allegedly due to negligence. The demonstrators vandalised the hospital's gate and shattered glass panels.
On 26 November, 35-year-old advocate Saiful Islam Alif was attacked and killed near the Chattogram district collector's office and court. He was brutally assaulted while returning home from court.
These incidents reflect a troubling trend in Bangladesh where individuals not just take to the streets with demands and grievances, but appear to have a tendency to take the law in their own hands.
While exercising their constitutional right to protest (Article 37), they often disrupt public and private property, violate citizens' right to free movement (Article 36), and at times, result in the loss of lives.
After years of widespread state repression where people were fearful of raising their voice even on social media, it is understandable that there is an outpouring of expression from people of all walks of life. However, one needs to be cognisant of where the line right to protest encroaches on the right to free movement, both of which are guaranteed by the Bangladesh Constitution.
Barrister Jyotirmoy Barua explains the constitutional parameters of protests.
"The constitution mentions the term 'peaceful protest.' Whenever you are violent—breaking things or hurting others—it is no longer a protest but a mob," he says.
"And when it becomes a mob, the police can intervene to ensure public safety. As long as your protest is peaceful and without provocation, no one can remove you. But even then, your protest must respect others' rights as well," Barua added.
Barua attributes the rising unrest to the long-standing suppression of people's voices.
"What we are seeing now is the aftermath of 16 years of suppression. People's needs and grievances have been ignored for years, and the anger and distress are now pouring out," he says.
This phenomenon can be likened to catharsis—the psychological process of releasing repressed emotions.
Barua elaborates, "It's like a psychological outburst. When you are silenced for years, you want to scream to make yourself heard. That's what we are witnessing—people screaming, breaking, even killing."
Barua emphasises that the government must channel this outburst constructively by listening to the people.
"A culture of listening is crucial. The government needs to sit with the people, understand their perspectives, and confidently address fair demands," he suggests.
While Barua underscores the need for dialogue, city planner Md Iqbal Habib proposes a complementary approach: designated public spaces for protests.
"Creating spaces for protests ensures the right to assemble without infringing on others' right to free movement," Habib states.
This idea involves transitioning from catharsis to sublimation, a psychological defence mechanism that channels negative impulses into constructive outlets.
Providing dedicated spaces for protests could prevent destructive tendencies and restore the balance between conflicting rights.
The role of public plazas
Around the world, cities designate public plazas as spaces for protests. Habib provides examples: "London's Hyde Park hosts protests year-round, and everyone knows that. Geneva has Broken Chair, and major cities like Istanbul, Cairo, and New York have designated protest points."
In Bangladesh, designated protest spaces were once part of political practice. "Until the 1990s, Paltan Maidan and Suhrawardy Uddyan (formerly Racecourse Maidan) were the main assembly points.
After the mass protests against autocrat General Ershad, protests began spreading to other locations like Shahbagh and Dhanmondi. Now, protests can erupt anywhere—blocking roads, offices, and even court premises," Habib says.
Habib points out that the lack of planning has led to chaos. "Protests now resemble prairie fires—destroying offices, cars, and even setting public transport ablaze with passengers inside. It's become a challenge: if demands aren't met, protesters threaten to burn everything down," he observes.
"Creating spaces for protests ensures the right to assemble without infringing on others' right to free movement."
To address this, Habib recommends incorporating public plazas into city planning.
"The term 'public place' has many definitions, one of which is a place where people can assemble. If you look into the planning of 1959, Dhaka's Paltan Moidan and Suhrawardy Park (the former racecourse Moidan), was where people assembled and protested", he said.
Changing political practices and developing mutual respect for others, and proper city planning with ample public places are necessary, according to him.
With this, Iqbal shared an idea with us. "We noticed that GPO was moved from Baitul Mokarram to Agargaon and the old GPO building now stands there without any major activities, mostly used as a godown."
"So we proposed that this land could be transformed into a public plaza, like Paltan Maidan. If a community or a group of people wants to protest near the secretariat, this plaza would be an ideal place without blocking any roads or public movement", he added.
Besides this one, the government can reopen Suhrawardy Uddyan and make one portion of the park a public assembly place.
"And lastly, the old airport in Agargaon has a vast land just lying around. Take a portion of that space and turn it into a public place. This way Dhaka city can have multiple places in major areas designated for protests, without blocking public roads and their movement", he added.
Barrister Barua also agrees to this.
"Dhaka's traffic system is so unregulated- still managed manually- that unless a proper mechanism with public places in city planning is developed, these protests are going to hamper people's lives."
How law enforcement agencies can play a role here
Law enforcement also has a critical role in managing protests.
Barua highlights the need for a balanced approach: "Some groups are exploiting the government's perceived weakness during transitions. They aim to destabilise peace. The government must take decisive actions, even at the cost of being unpopular, as not all demands are reasonable."
The Police Act of 1861 and the DMP Ordinance of 1976 empower law enforcement to ensure public safety and free movement.
"While citizens don't need police permission to assemble, the police can redirect or restrict assemblies to ensure safety and provide alternative locations," Barua explains.
Young political leaders also stress the importance of balancing rights and responsibilities.
Nasir Uddin Prince, former general secretary of the Socialist Students' Front, asserts, "Democracy has limits. It doesn't mean doing whatever one wants. You cannot destroy college buildings or set transport ablaze in the name of protest."
Prince emphasises communication with authorities.
"When we organise marches within our campus, we don't notify the police. But when we take to the roads, we inform them—not for permission, but for safety," he says.
Enamul Haque Sagor, AIG of DMP Media and Public Relations, adds that law enforcement often prepares proactively.
"Even when protests aren't officially notified, we gather intelligence through our networks to ensure public safety and handle any incidents," he explains.
The rising unrest in Bangladesh reflects a complex interplay of suppressed emotions, political culture, and inadequate urban planning.
Addressing this requires a multifaceted approach, and by balancing catharsis with sublimation and planning, Bangladesh can uphold both the right to protest and the right to free movement, restoring harmony in its cities.
