Shiv Sena (UBT) says peace bonds do not mean activists have surrendered their democratic rights

27 October,2026 10:55 AM IST |  Mumbai  |  mid-day online correspondent

In an editorial published in the party`s mouthpiece, Saamana, on Tuesday, the Uddhav Thackeray-led party criticised the backlash against activists who signed the undertakings to secure their release

Uddhav Thackeray. File Pic


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Shiv Sena (Uddhav Balasaheb Thackeray) has defended youth activists who signed peace undertakings after their arrest during demonstrations in New Delhi, arguing that such bonds do not amount to an admission of guilt or a surrender to the authorities.

In an editorial published in the party's mouthpiece, Saamana, on Tuesday, the Uddhav Thackeray-led party criticised the backlash against activists who signed the undertakings to secure their release. It argued that preventive legal measures should not be treated as evidence of weakness or an abandonment of democratic rights.

Peace bonds spark debate over protest rights

The controversy followed demonstrations organised under the banner of the Tiranga protests at locations including Jantar Mantar in New Delhi. According to the editorial, youth activists Abhijeet Dipke, Saurabh Das, Ashutosh Ranka and Ajinkya Shinde signed peace undertakings following their arrest.

Activist Neha Bora reportedly refused to sign a similar undertaking and challenged the practice in court. The editorial said the differing responses triggered a debate over the legal consequences of signing such documents and the choices available to activists facing police action.

Saamana counters criticism of youth leaders

The editorial referred to former Supreme Court judge Markandey Katju's criticism of the activists who signed the undertakings, while praising Bora for refusing to do so. Shiv Sena (UBT) argued that such criticism overlooked the legal nature of preventive proceedings and the circumstances in which activists may agree to an undertaking.

"Signing a peace bond does not equate to issuing an apology, kneeling before the government, or confessing to a crime. It is merely an undertaking to maintain peace; it does not enforce absolute silence or legally prevent citizens from participating in public demonstrations," remarked the editorial.

BNSS provisions govern preventive proceedings

The editorial cited the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure in July 2024. Section 126 of the BNSS deals with security for keeping the peace in cases where an Executive Magistrate believes there are sufficient grounds to anticipate a breach of peace. The provision allows a bond to be required for a period of up to one year.

The legal process also requires the prescribed proceedings before a magistrate. Section 141 of the BNSS addresses imprisonment in cases involving a failure to provide required security and certain breaches of bonds.

Party urges youth to continue democratic engagement

Shiv Sena (UBT) maintained that signing a peace bond does not automatically remove a person's constitutional right to peaceful assembly under Article 19 of the Constitution.

The party urged young activists to continue raising public concerns without being intimidated by legal procedures. It also called on senior legal figures, including Katju, to guide emerging activists rather than condemn their decisions in difficult circumstances.

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