Calcutta High Court Sets Aside Prohibitory Orders, Allows Junior Doctors To Stage Protest Near 'Durga Puja Carnival'

The Calcutta High Court set aside prohibitory orders imposed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, allowing junior doctors to stage a protest near the Durga Puja Carnival. The doctors were protesting the rape and murder of a trainee doctor at RG Kar Medical College. The court found the prohibitory orders, which aimed to prevent the assembly of five or more persons, to be disproportionate and an infringement on the fundamental rights to freedom of speech and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution. The court emphasized that the restrictions were excessive and unreasonable, failing to achieve any bona fide purpose. The court’s decision underscores the importance of balancing law and order with the protection of fundamental rights, allowing the protest to proceed near the carnival venue.