Your Viewpoint…

Is a Shirtless Protest a National Embarrassment or…
A Constitutional Form of Dissent?

• Ranjan Srivastav

The shirtless protest staged by the Youth Congress during the International AI Summit in Delhi has become a subject of discussion at the national—and arguably international—level, much like the summit itself. The shirtless demonstration by the Youth Congress has drawn more attention than the Chinese robot showcased by Galgotias University. Following the arrest of the Youth Congress National President, eight individuals have so far been taken into custody by the police.

All those arrested have been booked under serious sections of the Bharatiya Nyaya Sanhita, including: 61(2) – criminal conspiracy; 121(1) – voluntarily causing hurt to deter a public servant from duty; 132 – assault on a public servant to prevent them from performing their duty; 190 – unlawful assembly; 195(1) – assault on a public servant while preventing a riot; 221 – obstruction of a public servant in discharge of duty; 223(A) – disobedience of a lawful order issued by a public servant; 3(5) – common intention; 191(1) – rioting; 192 – provoking with intent to cause a riot; 196 – promoting enmity or disharmony between groups; and 197 – acts against national integration.

Some of these sections, such as 196 and 191, are non-bailable, carrying a maximum punishment of up to three years upon conviction. The police maintain that they possess sufficient evidence to proceed against the accused.

Clearly, the issue has placed the ruling and opposition parties at loggerheads. After Prime Minister Narendra Modi’s remarks on the protest, political temperatures rose across the country. Addressing a public rally in Meerut (Uttar Pradesh), the Prime Minister said, “Congress turned a global event of India into a platform for its dirty and naked politics. Congress leaders arrived naked before foreign guests. I want to ask Congress—the country already knows you are exposed; what was the need to remove your clothes?”

He further stated, “Congress has become ideologically bankrupt and impoverished… The AI Summit was not a BJP program; it was a national event. But Congress crossed all limits… The world was watching India, yet Congress caused embarrassment.”

In Bhopal and several other places, clashes erupted during protests organized by BJP youth workers against Congress, leaving more than 15 people injured in total. Both Congress and the BJP appear determined to take this issue to its logical conclusion.

On February 24 in Bhopal, Leader of Opposition in the Lok Sabha Rahul Gandhi justified the Youth Congress protest during his speech. He said, “Peaceful protest is our historical legacy. It runs in our blood and is the democratic right of every Indian. I am proud of my young Congress ‘babbar sher’ colleagues who fearlessly raised their voice in the national interest against a ‘compromised PM.’ The Congress party and I stand firmly with them.”

Congress leaders have also questioned whether the real national embarrassment is the shirtless protest—or the mention of a Union minister’s name in the Epstein files, the reference to the Prime Minister’s name in those files, alleged submission before the United States, or presenting a Chinese robot as being made in India at an international summit.

Several leaders have spoken both for and against the protest. With police action underway, a prolonged legal and political battle seems imminent.

With upcoming Assembly elections in states such as West Bengal and Tamil Nadu, neither the BJP nor Congress is likely to let this issue fade away.

It is worth noting that this is not the first time a group in India has staged a shirtless protest. A former Youth Congress National President shared a photograph on Twitter showing Haryana minister Anil Vij leading a group of demonstrators, all of whom, including Vij, appeared shirtless. In 2004, a group of women in Manipur protested fully nude in front of the Assam Rifles headquarters against alleged atrocities on their community. In 2008, children in Manipur staged a nude protest to commemorate the 2004 incident. Globally as well, women have on several occasions protested nude over environmental issues or in opposition to authoritarian regimes.

Several opposition leaders, including Akhilesh Yadav, as well as senior journalists across the country, have justified the right to protest but criticized the manner in which it was carried out—that is, the shirtless form of protest.

Legal experts supporting the shirtless protest argue that Article 19(1)(a) of the Constitution guarantees freedom of speech and expression to all citizens, which includes the right to protest and raise slogans. Therefore, they contend, a shirtless protest is not inherently illegal. Article 19(1)(b) grants the right to assemble peacefully and without arms, although under Article 19(2), reasonable restrictions may be imposed on these rights.

  

Shirtless Protest