Lawyers raise concerns over Zero FIRs against student protesters

Police clear student protesters from Chaityabhoomi in Dadar West on Monday. PIC/SHADAB KHAN

Concerns have emerged among legal experts and advocates over the reported registration of Zero FIRs against students participating in protests, with lawyers warning that such cases could leave a lasting impact on young people's academic and professional journeys.

Advocates said students represent an important section of democratic participation and must be allowed to express their views through peaceful means. They cautioned that criminal proceedings, even when they do not culminate in convictions, can create significant hurdles for students by affecting admission opportunities, employment prospects, passport clearances and international travel plans.

‘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,' says senior criminal advocate, Dinesh Tiwari,

Future problems

Legal experts pointed out that the existence of an FIR can become a source of difficulty during verification procedures, with the process of facing legal action becoming a burden long before a court reaches any conclusion on 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 jurisdiction. It holds the same legal weight as a regular FIR and allows police to conduct preliminary investigations without waiting to transfer the file. It is later transferred to the appropriate police station with actual jurisdiction.

Advocate Speaks

Mohini Priya, advocate on record, Supreme Court of India
‘A democracy cannot celebrate its youth in speeches while criminalising 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 maintained that students should be encouraged to engage with democratic processes, question policies, and express concerns peacefully, while authorities must ensure that legal measures remain fair, necessary, and proportionate.

‘Students have right to protest'

Stuti Galiya, solicitor
‘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.'