Peaceful protest is offence under Railways Act-Rail Roko Agitation and Bandh etc., the offence under Section 174(a) of the Railways Act - Allahabad High Court

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"Even if a peaceful agitation/protest can lead to obstruction of running of any train by squatting or picketing or during any Rail Roko Agitation or bandh, the same would amount to an offence under Section 174(a) of the Railways Act. It is no one’s case that the protest was violent, but the fact remains that the protesters, including the appellants, had stopped the train for 15 minutes by picketing on the railway track and climbed on the engine of the train when it was stopped." 

"In a democratic polity governed by a written Constitution, people have the right to protest against the Government’s policies and perceived atrocities. The right to protest, is also part of the fundamental rights guaranteed under Article 19 of the Constitution of India. The citizens of this country have rights to demonstration, agitation and staging protests. However, this right is not an absolute right, and it is subject to reasonable restriction," the bench observed.

"The law clarifies that if any Railway servant or any other person obstructs any train by squatting or picketing or during Rail Roko Agitation and Bandh etc., the offence under Section 174(a) of the Railways Act would get attracted."