Meetings on the roadsides get new lease if life in Kerala

The Kerala High Court has declared Kerala Public Ways (Restrictions of Assemblies and Processions) Act-2011 “unconstitutional” and “void”. The act was enacted by the LDF government in 2011 which authorizes police to give or withhold permission to hold public meetings on public ways and road margins.

The division bench comprising of Justice C.S. Ramachandran Nair and Justice P.S. Gopinath found the Kerala law as violation of the fundamental rights enshrined in the constitution of India. Advocate General K.P. Dandapani argued that police would give permission for holding the meetings only after considering the capacity of the roads to provide right of movement for the people. However, the court made it clear that the police could not with hold permission provided enough space for travel was allowed. However, the court has said that parts of the road have to be left free for the free movement of traffic.

M.M. Lawrence, veteran CPM leader and state general secretary of CITU told TSI that controlling the religious programmes conducted on the roads is a welcome step. At the same time banning road margin meeting and protests would be a direct violation of the freedom of expression of the people.

BJP Ernakulam district president Adv. P.J. Thomas echoed his words. He said that it would be unfair to stop religious rituals like Attukal Pongala as they are important part of the social identity of the people. Instead, the government should take special steps to make sure that the everyday life of the people is not hampered by these festivals. He also stressed the fact that barring protests and marches would be tampering with the right to protest and the right to freedom of speech of the people.