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Ban on bandhs: Politicians seek loophole, people pleased

D Jose in Thiruvananthapuram

The Kerala government will convene a meeting of all political parties shortly to discuss the Supreme Court decision upholding the state high court's July 28 order banning bandhs (general strikes).

An official source told Rediff On The Net that since most parties are against a blanket ban on bandhs, the meeting will discuss ways to ensure the people's right to protection for genuine causes. The source said that some way will be found out under the framework of the Supreme Court order to allow forms of protest that would not infringe on the fundamental rights of the common man.

The two communist parties in the state -- the Communist Party of India-Marxist and the Communist Party of India -- said that they did not agree with the judiciary's decision. Kerala Chief Minister E K Nayanar, who belongs to the CPI-M, said that he was against the ban on bandhs. However, he added that the government will implement the Supreme Court order.

CPI-M State Secretary Chadayan Govind, who had filed appeal against the Kerala high court verdict in the Supreme Court, said that he was disappointed with the Supreme Courts judgment, and added that "ban or no ban, the public would resort to bandhs as that is the most effective form of protest."

Govind said that people concerned by a particular cause would not normally be bothered with constitutional propriety. "The bandh is the best expression of protest and the people will still use it as a final resort," he added.

Communist Party of India Assistant Secretary Veliyam Bhargavan said that his party was against a blanket ban on bandhs. He felt the judiciary could have placed adequate restrictions to prevent its misuse, and said the court had taken an extreme position as there was an increasing tendency to call bandhs in the state. The CPI, he said, is not in favour of calling bandhs at the drop of a hat.

Congress leader Aryadan Mohammad, striking a different note from his party's official position, said that bandhs amounted to encroachment on the fundamental rights of the common man. The people have a right to free movement and to carry out their occupation. However, state Congress President Vayalar Ravi said that his party was against the ban as it would deprive the people of their right to protest for a genuine cause.

Trade and industry circles have generally welcomed the Supreme Court decision. Spices Exporters Association President T Vidyasagar said that frequent bandhs in the state and had retarded the growth of industry. Terming the judgment historic, he said that it will fuel industrial growth and promote peace.

Legal experts are divided on the bandh ban. Advocate and social activist Philip M Prasad said that the decision was dangerous as far as the people's causes are concerned. He said the judiciary was taking control of the country things in subtle manner under the guise of combating corruption and anarchy. He charged that the ideological motivation for such a move has come from the United States, the International Monetary Fund and the World Bank.

Senior Kerala high court advocate K Chandrashekhar said that the decision was timely and appropriate. He said that the Supreme Court order was in the interest of the public.

Justice K Bhaskaran, former chief justice of the Andhra Pradesh high court, said that the decision was correct. The organisers of bandhs have the freedom to express their views without infringing upon or curtailing the fundamental rights of other citizens. He said that bandhs generally are not a free expression of the will of the people since it is enforced by violence in many cases.

Social activists and academicians are thrilled by the Supreme court's verdict. Noted economist K N Raj said that the frequency with which bandhs were being organised in Kerala, it appeared that small groups of people were blackmailing the people. He said bandhs enforced through coercion did not reflect any protest by the public.

Anti-Bandh Propaganda Forum President T P M Ibrahim Khan said that the verdict was the result of the overwhelming public indignation against this misuse. He said that a bandh a month was the order of the day in Kerala. He pointed out that bandhs had paralysed the entire economic activity in the state and had caused untold hardship to those who earned a living by daily wages.

Noted academicians Prof Sukumar Azikode said that the government should now show the magnanimity to implement the order without raking up legal points. Prof Guptan Nair, who has been campaigning against violent politics, said that the Supreme Court decision will provide a big relief to the people of Kerala.

RELATED REPORT:
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EARLIER REPORT:
Reactions to judgment reveal politician-people chasm