Author : Tems Das, National Law University
To the point
This article explains environmental participation as a continuous process rather than separate activities. On one end are formal and legally protected methods such as public consultations, hearings, and involvement in environmental decisions. On the other end are protests, demonstrations, and acts of civil disobedience, which are often restricted or punished by law. Between these two are informal but lawful actions that are not officially invited by authorities. The article shows that law has a double role: it creates opportunities for people to participate, but it also places limits on how they can express disagreement. Focusing mainly on Europe including countries seen as strong democracies, the article highlights how civic space is slowly shrinking. By linking everyday participation with street-level environmental activism it shows how environmental voices are facing growing legal and practical difficulties across all forms of public participation.
Use of legal jargon
A healthy civic space exists only when people feel safe to speak openly in public. Every individual should be able to share opinions, question government actions, and demand accountability without worrying about punishment or backlash. The right to peaceful assembly allows people to come together for shared causes including expressing disagreement through lawful and non-violent protests. In the same way, freedom of association gives people the confidence to form or join groups, organisations, or movements so they can collectively protect their interests and make their voices stronger. The right to privacy which the State is duty-bound to protect, is equally important. When privacy is respected, individuals can communicate, organise, and express ideas freely without fear of constant monitoring or interference. Ultimately laws and regulations shape how freely people can enjoy these rights. Fair and inclusive legal frameworks ensure that everyone can participate in public life, influence policy decisions, and stand up for their rights without discrimination, pressure, or fear
To the proof
Over the past ten years, civic space has gained growing international recognition as a key foundation of healthy and functioning democracies. Governments and global institutions have increasingly worked to promote and protect civic space because countries that support it are better able to engage citizens meaningfully. A strong civic space encourages public participation, improves transparency and accountability, and empowers individuals and civil
society organisations. In the long run, an active and open civic space helps governments become more effective and responsive to public needs. It supports the creation of people-centred policies and strengthens social unity. This first OECD comparative report on civic space presents baseline data from 33 OECD member countries and 19 non-member countries. It offers a clear and balanced overview of different aspects of civic space, including civic freedoms, media freedom, civic participation in the digital age, and the overall environment in which civil society operates.
Abstract
Civic space is the foundation of a healthy and inclusive society. It is the space where people can freely speak, come together, form groups, and take part in decisions that affect their lives. Through civic space, civil society, human rights defenders, and ordinary citizens contribute to political, social, and economic development. However, across the world, this space is shrinking due to restrictive laws, censorship, surveillance, and misuse of power. Many individuals and groups, especially those working with the United Nations or advocating for human rights, face intimidation, harassment, and violence both online and offline Protecting civic space is essential to safeguard fundamental rights such as freedom of expression, association, and peaceful assembly. When civic space is protected, voices are heard, accountability is strengthened, and human dignity is respected. Expanding civic space is therefore not only about protecting activists, but about protecting the rights of all people.
Case laws
1. Mazdoor Kisan Shakti Sangathan v. Union of India (2018)
The Supreme Court recognized that the right to protest peacefully is a fundamental democratic right under Article 19 of the Constitution. However, it also held that protests should not cause excessive public inconvenience. The case balanced citizens’ right to dissent with the State’s duty to maintain public order, affirming that peaceful protest is a core part of civic space.
2. Himat Lal K. Shah v. Commissioner of Police, Ahmedabad (1973)
In this case, the Supreme Court ruled that citizens have the right to hold peaceful demonstrations on public streets, subject to reasonable restrictions. The Court emphasized that public spaces belong to the people and cannot be arbitrarily closed to protests. This judgment strengthened civic space by protecting freedom of assembly.
3. Anuradha Bhasin v. Union of India (2020)
The Supreme Court held that freedom of speech, expression, and peaceful protest are essential elements of democracy. The Court ruled that indefinite restrictions on the internet and public movement are unconstitutional. This case highlighted that civic space cannot be suppressed in the name of security without proper justification.
4. Ramlila Maidan Incident v. Home Secretary, Union of India (2012)
The Supreme Court condemned the midnight police action against peaceful protestors, holding that the use of excessive force violated fundamental rights. The Court affirmed that peaceful assemblies are protected under Articles 19(1)(a) and 19(1)(b), reinforcing the State’s duty to respect and protect civic space.
FAQ
1. What is meant by civic space?
Civic space refers to the environment where people are free to express their opinions, form groups, assemble peacefully, and participate in public life. It allows citizens to raise concerns, protest injustice, and influence decisions that affect their daily lives.
2. Why are protest rights important in a democracy?
Protest rights give people a voice when they disagree with laws, policies, or actions of the government. Peaceful protests help hold authorities accountable and ensure that democracy remains responsive to the needs of the people.
3. Are protest rights absolute?
No, protest rights are not absolute. The State can impose reasonable restrictions in the interest of public order, security, or morality. However, these restrictions must be lawful, necessary, and proportionate, and cannot completely suppress peaceful dissent.
4. How does the judiciary protect civic space?
Courts protect civic space by striking down arbitrary restrictions and affirming the right to peaceful assembly and free expression. Judicial decisions ensure that the government respects fundamental rights while balancing public interest.
5. What happens when civic space is restricted?
When civic space is restricted, people become afraid to speak out or protest. This weakens democracy, reduces accountability, and increases the risk of human rights violations. Protecting civic space ensures dignity, participation, and justice for all.
Conclusion
Civic space and protest rights play a vital role in strengthening democracy. They allow citizens to express their opinions, raise concerns, and participate actively in public life. Peaceful protests act as a bridge between the people and the government, helping highlight social injustices and policy failures. When civic space is respected, it encourages dialogue instead of conflict and builds trust in democratic institutions. Restricting these rights weakens public confidence and silences important voices. Therefore, protecting civic space and protest rights is essential to ensure freedom, accountability, and a society where every individual feels heard and valued.
