Bandh on hartal? Bill is in the government’s court

The bill is still relevant and it should be passed after discussions in the Assembly,” Opposition Leader Ramesh Chennithala told Express.
Photo of an anti-hartal protest rally by people's movement conducted at Durbar Hall, Kochi (Photo | EPS/Melton Antony)
Photo of an anti-hartal protest rally by people's movement conducted at Durbar Hall, Kochi (Photo | EPS/Melton Antony)
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KOCHI: While Industries Minister E P Jayarajan’s remark it was time to abandon all forms of protests that disrupt daily life has kicked up a debate on hartals, the Opposition is of the view the government will have walk the talk as legislation to curb hartals is pending before the Legislative Assembly. 

The bill proposed by the previous UDF Government is still pending before the select committee. Ironically, the LDF leaders, including Jayarajan, vehemently opposed the Kerala Regulation of Hartal Bill-2015 calling it ‘anti-democratic’. The then Home Minister Ramesh Chennithala presented the bill which is now pending before the select committee of the Assembly. 

“The bill is still relevant and it should be passed after discussions in the Assembly,” Opposition Leader Ramesh Chennithala told Express. According to him, the bill was not aimed at a ban but to curb unnecessary hartals. “It is high time the bill was passed. At present, the hartals are being imposed on the people in the name of protests throwing life out of gear. The CPM had opposed the bill alleging it was a black law,” he added, citing a regulation on unnecessary hartals was the need of the hour.

The bill contained instructions, including a notification of three days to conduct hartals. Advance notification of three days should be given to the public and organisations through the media. 

The bill also stated nobody should be forced or threatened either through physical or psychological means to take part in a hartal. Educational and religious institutions and other public services should not be hampered and violence should be avoided. The safety of the citizens and public property is the responsibility of the state and complaints from the public should be considered and police should act upon that. Six months imprisonment or a fine of Rs 10,000 or both will be slapped on violators. 
Chennithala had collected the opinion from the public by sharing the draft of the bill through social media.

“About 25 lakh persons commented via social media. From that only the feeling of the public was evident,” he pointed out, adding the then UDF Government could not pass the bill as it was presented in the last session of the 13th Assembly. 

The LDF opposed the bill calling it ‘anti-democratic’, ‘anti-people’, and against the fundamental rights guaranteed by the Constitution. Former KPCC chief M M Hassan, who spearheaded many campaigns against hartal, also reiterated the view of the Opposition Leader. “The government should take a call and pass the law,” he said. According to him, the Congress had earlier brought the matter to Chief Minister Pinarayi Vijayan. “When the CM called an all-party meeting to discuss exempting the tourism sector, we had demanded to pass the bill instead of omitting the tourism sector alone,” he added.

Ironically, Kerala was the first state in the country to ban bandhs after the Kerala High Court declared them illegal in 1997. However, the malaise reappeared in the form of hartals. The High Court also directed enforcing a hartal through ‘force, intimidation and coercion’ was unconstitutional. But the court’s directive could not bring about a change. 

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