Legal experts and advocates have raised concerns over the registration of Zero FIRs against students participating in protests. They warn that such actions could significantly impact the academic and professional futures of these young individuals. Advocates emphasize that students are a vital part of democratic engagement and should be permitted to express their views through peaceful means. They caution that criminal proceedings, even if they do not lead to convictions, can create substantial obstacles for students, affecting admission opportunities, employment prospects, passport clearances, and international travel plans.
Senior criminal advocate Dinesh Tiwari stated, “Legal cases could affect opportunities. The police should have refrained from taking hasty action such as registering Zero FIRs against protesting students, as peaceful demonstrations should be accommodated within a constitutional democracy. Criminal cases arising from protests could create difficulties for students during important stages of their careers. Background verification processes for government employment, professional positions, and educational opportunities often require disclosure of legal cases. Such proceedings could affect students’ ability to access opportunities even if the cases eventually do not result in convictions.”
Legal experts pointed out that the existence of an FIR can complicate verification procedures, placing a burden on individuals long before a court determines guilt or innocence. They stressed that while the state has a legitimate duty to maintain law and order, enforcement measures must remain proportionate and consistent with constitutional freedoms.
What is a Zero FIR?
A Zero FIR is an official police complaint that can be filed at any police station, regardless of where the crime occurred or the jurisdiction. It holds the same legal weight as a regular FIR and allows police to conduct preliminary investigations without waiting to transfer the file. The case is later transferred to the appropriate police station with actual jurisdiction.
Advocate Speaks
Mohini Priya, advocate on record at the Supreme Court of India, stated, “A democracy cannot celebrate its youth in speeches while criminalizing their peaceful dissent in practice. Students are not merely the leaders of tomorrow; they are citizens today entitled to the constitutional freedoms of speech, expression, and peaceful assembly. Peaceful protest is not a threat to democracy.”
Question Policies
Advocates maintain that students should be encouraged to engage with democratic processes, question policies, and express concerns peacefully. Authorities must ensure that legal measures remain fair, necessary, and proportionate.
Stuti Galiya, a solicitor, affirmed, “Students have the right to freedom of speech and expression and the right to assemble peacefully, subject to lawful restrictions. Peaceful dissent is an essential feature of a constitutional democracy, just as the state has a legitimate responsibility to maintain public order and ensure that protests remain lawful.”
