The Hindu : Kerala News : High Court verdict will go a long way in curbing hartal-related violence Caution deposit

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Saturday, Feb 11, 2006

Kerala

Kerala

High Court verdict will go a long way in curbing hartal-related violence Caution deposit

The Kerala High Court has, by means of a recent judgment, sought to impose a certain level of accountability on the part of political parties and organisations that give a call for hartals, and to compensate the victims of hartal-related vandalism. Will this lead to better discipline and adherence to fair means by the proponents of hartals? Our readers respond:

Caution deposit

The court must insist on political parties paying a `caution deposit' of at least a couple of lakhs to the court before they can call for a strike or hartal. The court can pay the victims directly from this fund and settle the matter quickly. If they call for a strike or hartal without depositing the prescribed caution deposit and obtaining a no-objection certificate from the court, it must hold the party president for contempt of court and a non-bailable warrant for his/her arrest must be issued. This is the only way justice can be assured for the people of this State.

S. Jacob

Kottayam

Deterrent effect

The High Court judgment is a step in the right direction to dissuade political parties from unleashing vandalism in the name of hartals or public strikes. In a democracy where the political executive reigns, no party is keen on addressing the genuine grievances of the public when confronted with the hartals. In such a situation, only the judiciary can come to the rescue of the public.

In the recent judgment, the High Court imposed only a meagre penalty on the political party that called the hartal. The quantum of compensation awarded to the victim must be in a manner that would have a deterrent effect on the offender.

The High Court has laid down a precedent to encourage the victims to come forward en masse to invoke the jurisdiction of the court for compensation. The political parties that harm the interests of the public in calling hartals should be dealt with severely.

V.P. Ramesan

Thripunithura

Change attitude

Hartals are being used to harness power by letting party cadres run riot, destroy and loot. Politics and hartal are two sides of the same coin, not politicians and accountability. Therefore, a court verdict is too weak to contain this confrontation.

This verdict on political accountability will bear fruit only if our politicians become disciplined. Only when they feel that they are part of the system will there be accountability. When the leaders abide by the system, there is no chance of the followers going astray. Laws are for the abiding. A change of attitude is the need of the hour.

Jayaprakash A.P

Kottayam

A relief

The court judgment will lead to better discipline, and if imposed, the proponents of hartals may exercise more care and the people can heave a sigh of relief.

Earlier, it was the bandh, but since it has been banned in the State, the political parties have given it another name - hartal. The end result is same. The protestors resort to violence, destruction of public property, waste millions of valuable man-hours and cause inexplicable inconvenience to the public.

This is utter misuse of freedom. Whoever calls for hartals must strictly be made accountable for any loss or damage, be it to public property or to individuals.

B.M. Vasudevan

Mannuthy

Implement law

The imposition of penalty on the political parties that call for hartals is a welcome step. But whether the political parties will accept the decision and obey the court orders is yet to be seen.

The police and other law and order machinery should take the necessary action to see that the orders of the judiciary are implemented at any cost. These should not be ignored like the decisions on wearing helmets, adulteration of milk etc.

S.N. Thiruvazhiode

Poonithura

Different protest

The High Court order to political parties to compensate the victims of hartal-related vandalism is welcome as it aims at ensuring the safety of the public at large. At the same time, political parties have to hit upon novel modes of protest in the changed circumstances. In the past, hartals were rare and people had little resentment on that score, as there was some justification. Rallies too did not cause much hardship to the public, as roads were not so flooded with vehicles as in our times. Protestors have to consider the social realities and honour public opinion in this regard. Political leadership should always uphold accountability and transparency in public life, apart from the commitment to common good. Lumpen elements often exploit the opportunities offered by hartals/rallies and the blame squarely falls on the political parties. Political parties should abandon the show of strength, as the real strength of a party is revealed by polls. It is a disconcerting spectacle to see thousands of able-bodied individuals compelled to remain indoors on account of a hartal. Apart from the personal pecuniary drain, it is a national waste/loss. Popular protest can be registered via the media more meaningfully and creatively.

N.K. Vijayan

Kizhakkambalam

Positive decision

The court's mention of the role of the State police force in such situations deserves much deliberation. The police, instead of containing violence that leads to untoward incidents, often act as silent spectators.

The court's remarks about the police force will certainly help to change their attitude through introspection, the outcome of which will be conducive not only to maintaining law and order but also dealing with the situation effectively, not leading to violence.

Paying compensation to the victims of hartal-related vandalism as directed in the judgment will also have a positive effect. The proponents of hartal will be forced to desist from violence and see that hartals are conducted in a disciplined and democratic way, adhering to fair means.

V. Viswanathan Nambiar

Thrissur

Ensure support

Nowadays, hartals are declared by political parties for deriving political mileage. But they neglect the sad reality that the common people are always the worse affected.

Proper involvement and support of the majority in the State must be ensured by the political parties before hartals are declared. The public must show the courage to discourage this unhealthy trend by opposing it in unison. Political parties must think of alternative options for expressing protest such as evening dharnas and silent rallies so that the people are not affected.

Manu Melwin Joy

Thrissur

Look for new options

Hartals and bandhs cause considerable damage to public property and life when they turn destructive.

The intervention of the court to make those who call for hartals accountable for any damage caused is a necessity. But there is apprehension about the method of accountability to be built into the system, as the destruction caused by those other than the people who call for hartals is also not acceptable. So open discussions and debates should be held between political, administrative and business leaders to find a feasible solution to the problem.

A hartal harms the financially backward sections of society, especially daily wage earners, the most. Office goers hardly lose anything as the day often turns out to be a paid holiday. Even the loss or harm to life has hardly had an effect on politicians. Hence, the intervention of the judiciary is a necessity. When our administration repeatedly fails to protect the democratic rights of the citizens, newer options need to be sought.

Swapna K.P

Guruvayur

Smart move

The recent judgement to impose a certain level of accountability on political parties that call for hartals is another smart move from the High Court. It is high time that the political parties started bearing the brunt of hartals.

Apart from the destruction and mayhem brought about, hartals disrupt normal life by reducing the number of working hours, thereby affecting the performance of the State as a whole.

The political parties and organisations that call for hartals on a regular basis should take up the responsibility for the loss and damage brought about. Only then will they realise what big a prize the people are paying for it.

Human lives are dangerously threatened on hartal days and the political parties should indeed pay the compensation for the damage done.

Sherin Bidar

Ernakulam

Pay compensation

If anyone objects to this fundamental right of a law-abiding citizen, the Government machinery should do everything necessary to ensure his freedom.

The court judgment on compensation for losses owing to hartal is a welcome decision. Special bodies should be set up in every district to assess the damage caused by the hartals and to make the organisers of hartals pay the compensation. This should include not only physical damage to shops and offices, but also the damage caused in the form of lost wages and such other losses.

T.P. Baiju

Thrissur

Kottayam

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