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Supreme Court Justice Ujjal Bhuyan expressed concern over the ‘shrinking’ dissent space in India, with arrests of students and stringent bail conditions limiting personal liberties. He questioned the treatment of individuals protesting environmental issues.Eating chicken on Ganga not a crime, dissent space ‘shrinking’: SC Justice (Image: HT)Supreme Court Justice Ujjal Bhuyan on Sunday observed that the space for expressing dissent in India is steadily diminishing, with even students protesting for their rights facing arrest and difficulties in securing bail. He also noted that, in many cases, courts impose stringent bail conditions that significantly curtail their personal liberty, according to Live Law.Speaking on the issue, Justice Bhuyan said people raising concerns over environmental degradation, “which is a reality”, are often treated "as if they are criminals." He further remarked that students participating in protests on university campuses are arrested, denied bail for "30-40 days," suspended from their institutions, and are then compelled to approach the courts, a process that "takes time."“I will not comment on any contemporary happenings in the country; I will refrain from doing so. But it will not be an exaggeration to say that public space for expressing divergent opinion is shrinking in India. Right to express one's views and right to demonstrate peacefully are fundamental freedoms of citizens,” Bhuyan asserted.He said, “Debate and dissent are the essence of democracy. Unfortunately, even formal activities are criminalised. People who come to voice their anguish for environmental degradation, which is a reality, are chased away as if they are criminals. Students protesting on campuses are arrested, and they don't get bail for 30-40 days. They are suspended, and then have to go to the Court, which takes time.”'Citizens are watching, people are watching'Bhuyan also cited the case of a group of young people who were denied bail after organising an Iftar gathering on a boat in the middle of the Ganga, questioning whether bail could be refused for an act that was not even a criminal offence."I am sure consuming chicken biryani is not an offence. There is no law prohibiting consumption of chicken over the Ganga river; they were arrested for that very reason and they had to remain in jail for three months. Can people be arrested and denied bail for 3 months for such an activity, I ask myself! Citizens are watching, people are watching," Justice Bhuyan further stated.He further observed that courts are increasingly placing bail conditions that effectively curtail an individual's right to voice dissent.“For putting a post on Facebook commenting on the conduct of a minister who had called a serving Indian Army officer a daughter of a terrorist, an FIR is lodged, and he has to seek anticipatory bail. Bail is granted but what does the Court do? [Asking them to] deposit your passport [when] he is not even on a flight risk. [Then it says] don't post anything on Facebook.”Justice Bhuyan also cited the Gulfisha judgment in the Delhi riots case, highlighting the stringent conditions imposed by the Supreme Court while granting bail."Take the case of young student activists who had suffered long incarceration. While the Court granted them bail, they were directed not only to surrender their passport, but also not to participate or address any public meetings whether physically or virtually. Imposing such restrictive conditions severely undermines their fundamental freedoms and liberty. People would be justified in asking whether, by passing such orders or by imposing such conditions, is the Court also sending a message that don't participate in such public activities?" he questioned.About the AuthorGarvit BhiraniGarvit Bhirani is a journalist based in Gurugram. He is a Deputy Chief Content Producer at LiveMint, where he covers national and international news stories, focusing on accuracy and compelling storytelling for readers. <b