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dialogue, and even third-party intervention. Theres no point in such frequent attempts to shut

down the city. The atmosphere is just not conducive for work. People cant go on functioning

like this.7

On 6th

Dec 2009, the 48-hour Telangana bandh affected the normal life of general public andpublic transport system in Hyderabad and Telangana region with several incidents of violence

being reported. The Bandh was called by Telangana Rashtra Samiti (TRS) demanding separate

statehood. The train services including AP Express, Kerala Express and some goods trains was

affected by TRS activists by stopping them at Uppal. In Mahabubnagar town, TRS supporters

damaged the statue of Telugu Talli (portrayed as symbol of Telugu people), and they were taken

into custody by police. Some TRS supporetrs damaged the office of INTUC at Godavarikhani

town in Karimnagar. The protesters blocked train movements by squatting on tracks and even

removed clips and plates of tracks at different places in Karimnagar district, but our engineers

carried out repairs and restored the train services, the official said, adding that police intervened

and pulled away the agitators from the tracks.8

On 5th

July 2010 public transportation was affected in many states. Further, flights and trains

were also affected. Metro services were affected in Delhi. Public property was damaged in many

states. The educational institutions like schools and colleges were closed across the country. The

supporters of Bandh attacked buses, trains, blocked roads and carried out demonstrations in

many states. 155 public buses were damaged and 10 people were injured in stone throwing in

Bihar, Orissa, Punjab and Karnataka, Maharashtra and Bangalore, Several IT companies were

shut down for precautionary measure. In Lucknow, many people were injured for the clash

between the police and the supporter of Bandh.9

Normal life was affected by the Bharat Bandh which was called by NDA, and 13-Non UPA

Govt. on 5th

July, 2010. Rail, air and bus services were disrupted during a bandh called againstfuel price hike while stray incidents of violence occurred in Maharashtra and Karnataka where

BJP workers pelted stones at buses. In West Bengal and Kerala, air, rail and road services were

also affected. In Bihar, Punjab and Karnataka, life was affected by stopping trains and buses bysthe supporters ofBandh.

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ECONOMIC LOSS DUE TO BANDH

The Bharat Bandh caused a GDP loss of about Rs 3,000-13,000 crore.11

MLA Joy is a legislative

member of Manipur State Legislative body said that the total number of bandhs and blockades

7Ibid

8The Hindu 6

thDec 2009

9LIG reporter 6

thJul 2010

10Bharat Bandh Affects Normal Life Across The Country, Indian Express, 5th Jul 2010

11Open Magazine, 14

thAug 2010

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called by different organisations during the last 15 years is 628 .The daily loss suffered for

bandh is between Rs 5 and 6 crore. Blockade causes a loss of Rs 2 to 3 crores daily. He further

said that Manipur is a state which depends on the essential commodities brought from other

states. The state has become addicted to bandhs and blockades. It is time for the legislators to

ban Bandh. He added that it violates a citizen's fundamental right to move freely as he wishes.

He cited the judgment ordered by Kerala High Court in 1997 that bandhs and blockades are

illegal and unconstitutional.12

India legal news reports that a total loss of Rs.2, 735 crores was

suffered due to the bandh that was called across the country on 5th

July, 2010.13

S.K. Khullar,

president, HRAEI (Hotel & Restaurant Association of Eastern India) said, There have already

so many bandhs in a row: one total and two partial recently, and things really cant go on this

way. For one, the hotel and restaurant industry suffers great losses, anything between Rs 30-40

crore for a total bandh. And even for the partial ones, sales are only half of a regular days.

Whats more, its not just restaurants which suffer, but also the little street side stalls, which are

deprived of a days earnings.

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JUDICIAL RESPONSE

On 6th

January, 2010 Gauhati High Court declared that Bandh is illegal and unconstitutional.It violates citizens fundamental rights. Chief Justice Jasti Chelameswar and Justice Arun

Chandra Upadhyay in the light of a 1997 Supreme Court order upholding a Kerala High Courtsjudgment declared bandhs are illegal. Gauhati High Court gave the Judgment after hearing two

separate public interest litigations (PILs) which were filed by two citizens in 2005, seeking

declaration of bandhs as illegal and unconstitutional in Assam and Meghalaya. The petitioners

told that frequent bandhs affect the economy and education.15

In 2004, the Bombay High Courtfined the Shiv Sena and BJP Rs 20 lakh for organising a bandh

in Mumbai to protest bomb blasts. The court permits general strikes which protest against a

specific establishment. But, they do not support total strike.16

In a landmark decision inBharat Kumar17

, a full bench of the Kerala High Court has declared

Bandhs organized by political parties from time to time as unconstitutional being violative of

the fundamental rights of the people. The court refused to accept it as an exercise of the freedomof speech and expression by the concerned party calling for the bandh. When a bandh is called,

people are expected not to travel, not to carry on their trade, not to attend to their work. A Threat

is held out either expressly or impliedly that any attempt to go against the call for bandh may

12MPPs Private resolution on banning Bandh/Blockade, Epao 23rd July 201013 LIG reporter 6th Jul 201014

Supra note 515

The Telegraph ,7th

Jan 201016

Supra note 1117

Bharat Kumar K. Palicha v State Of Kerala, AIR 1997 Ker 291

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result in physical injury. A call for Bandh is clearly different from a call for general strike or

hartal. There is destruction of public property during bandh. The High Court has directed that acall for bandh by any association, organization or political party and enforcing of that call by it,

is illegal and unconstitutional. The High Court has also directed the sate and all its law

enforcement agencies to do all that may be necessary to give effect to the court order. TheSupreme Court

18has accepted the decision of The Kerala High Court. The Supreme Court

refused to interfere with the High Court decision. The Court has accepted the distinction drawn

by the High Court between a bandh and a strike. A bandh interferes with the exercise of the

fundamental freedoms of other citizens, in addition to causing loss in many ways.

InRanchi Bar Association v. State Of Bihar19

, following the Apex court decision mention above,

the Patna High Court has ruled that no party has a right to organize a Bandh causing the people

by force to stop them from exercising their lawful activities. The Government is duty bound toprevent unlawful activities like bandh which invades peoples life, liberty and property. The

Government is bound to pay compensation to those who suffer loss of life, liberty or property as

a result of a bandh because of the failure of the government to discharge its public duty to protectthem.20

In appropriate cases, even the organizers of the bandh may be directed to pay compensation. Anyorganization interfering with the functioning of the courts commits contempt of court and can be

punished accordingly. A peaceful strike which does not interfere with the rights and properties of

the people is however not illegal. In the instant case, the High Court did award compensation

against the State Government for loss of property and death of a person during the bandh forfailure of the authorities to take appropriate action and provide adequate protection to the

peoples life, liberty and property. The Government failed to discharge its public duty to protect

the people during the bandh.21

Supreme Courts judgment in T.K. Rangarajan vs. State of Tamil Nadu (2003), declaring theright to strike is illegal, and bandh is unlawful. The anti-strike judgment, according to theauthor, seeks to distance the state from the goal of socialism, while the anti-bandh verdict

smacks of generalizations, not supported by factual evidence. By defining a bandh, and by

seeking to punish the participants in the bandh, the court has only trespassed into the legislative

function.22

Taking a serious note of various instances of large-scale destruction of public and privateproperties in the name of agitation, bandhs, hartals and the like, suo motu proceedings were

initiated by the Supreme Court in Destruction of Public & private properties , In re case23

,. After

perusing various reports filed two committees were appointed ;one headed by a retired Supreme

18 Communist Party Of India v. Bharat Kumar, AIR 1998 SC 18419 AIR 1999 Pat 16920

Ibid21

Ibid22

Frontline Magazine volume 25 issue 25, Dec 6-19, 200823

(2007)4 SCC474

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Court Judge, Justice K.T.Thomas(K.T.Thomas Committee), and other headed by Mr.

F.S.Nariman, a senior member of the legal profession(Nariman Committee).Both theCommittees submitted their reports separately. After considering the reports of the two

Committees and hearing the matter, the Supreme Court held the recommendations of the Thomas

Committee are wholesome and need to be accepted. To effectuate the reports of the twoCommittees and adding teeth to the enquiry, the following guidelines are to be observed:

As soon as there is a demonstration organized:

1.The organizer should meet the police to review and revise the route to be taken andto lay down conditions for a peaceful march of protest;

2.All weapons, including knives , lathis and the like should be prohibited;3. All undertaking should be provided by the organizers to ensure a peaceful marchwith marshals at each relevant jurisdiction;4. The police and the State Government should ensure videography of such protests to

the maximum extent possible;

5. The person-in-charge to supervise the demonstration should be SP(if the situationis confined to the district) and the highest police officer in the State, where the

situation stretches beyond one district;

6. In the event the demonstrations turn violent , the officer-in-charge should ensurethat the events are videographed through private operators and also request such

further information from the media and others on the incidents in question;

7. The police should immediately inform the State Government with reports on theevents , including damage , if any , caused by the police; and

8.The State Government should prepare a report on the police reports and otherinformation that may be available to it and should file a petition including its

report in the High Court in question to take suo motu action.24

CONCLUSION

So, from the above case we come to know that demonstrations like bandh, hartal etc can be

organized if it will be held peacefully. But, if we look at the previous incidents of bandh in Indiawe will find that most of the incidents have caused bodily harm to the normal public, destruction

24Ibid

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of private property etc. We find that Bandh affects the normal life of the general people; it

disturbs the peaceful environment of a society. It restricts a person to move freely. It violates thefundamental rights of person. It causes damages to the individuals and it causes violence and

inhuman activities. Political parties call Bandh for their own benefit. They never take the

opinion of the public. If they find that public is not happy with any issue then they call bandhfor their own publicity. At that time they want to show the people that they care for generalpublic. We dont think that Bandh is any solution for any problem. In any problems political

parties should discuss with each other how they can solve the problem, how they can help the

public. But, they dont do so and call for Bandh. This Bandh has huge impact on economy.Bandh is weakening the Indian Economy. If the political parties would care for us then they

could never call Bandh and they would discuss with each other to solve the problem of the

general public. Our Indian Constitution is OF THE PEOPLE, BY THE PEOPLE, and FOR THE

PEOPLE. Our constitution is created for the welfare of all general people but Bandh isdisturbing the peaceful, normal life of the people, so, Bandh is unconstitutional and side by

side it is illegal and undemocratic also.

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