The movement against shutdown strikes (hartals) in Kerala has gained strength with more and more traders and service providers coming forward to open their outlets and the state government coming out with an ordinance to curb destruction of private property during protests. The movement was initiated by merchants’ organisations in the wake of a ‘flash hartal’ called by the Bharatiya Janata Party (BJP)
on the Sabarimala issue
on 14 December by forming a Joint Action Council Against Hartal (JACAH). The forum, comprising 45 organisations and representing chambers of commerce and industry, merchants, service providers, tourism industry, transport operators, Indian Medical Association, Kerala Management Association and educational institutions, was formally launched on 3 December, when the Sabarimala Karma Samithi called another hartal to protest against the entry of two women below the age of 50 in the Sabarimala temple. However, the movement failed to take off with the protesters, including BJP and RSS workers, going on a rampage attacking shops, vehicles and public and private property throughout the state. However, this did not deter the anti-hartal forum from carrying forward the movement. [caption id=“attachment_5866161” align=“alignleft” width=“380”] Trains being blocked on the second day of Bharat Bandh. Image courtesy: TK Devasia[/caption] The Kerala Vyapari Vyavasayi Ekopana Samithi (KVVES), which is leading the forum, sought to defy the 48-day nationwide strike called by the central trade unions on 8 and 9 January armed with a blue volunteer force to provide protection to the traders who come forward to open the shops. With the help of the force, shops and business establishments were opened in many places across the state. The members of the force deployed in major business centres succeeded in chasing away the strike supporters with the help of police. The organisers of the strike had cautioned the workers against resorting to force for enforcing the strike. They also considered the high court direction to the state government to take suitable steps to ensure that the trade union strike does not affect the general public and their everyday life as well as large scale arrests in connection with the 3 December hartal. The government responded to the court direction by promulgating an ordinance with provisions for imprisonment up to five years and a fine for those found guilty of causing loss to private property. The ordinance has also incorporated stringent provisions for granting bail to the accused. According to the ordinance, the accused will be granted bail only after furnishing bank guarantee or cash amounting to 50 percent of the damage. Traders consider the ordinance significant since they have been shutting shops during hartals, fearing attack. KVVES president T Nazurdeen said that the provision in the ordinance to claim compensation from those causing damage to the property would embolden the traders to open their outlets. “We came forward to defy the hartal as it had ruined our lives. The frequent hartals after the August flood have shattered the business. We do not claim our resistance a total success. But I am confident that it will send a strong message to those who play with our lives,” Nazrudeen said. The anti-hartal activists do not consider the ordinance effective in curbing the menace. K Chandrababu, general secretary of the Anti-Hartal Front, said that the ordinance may not deter the protesters since a similar law against destruction of public property has not prevented attacks on the public property during protests. “The ordinance is just a ploy to avoid stringent directions from the high court, which had asked the government to enact a law to curb unnecessary hartals. The provisions in the ordinance may be used by government as a tool against political opponents,” says Chandrababu. He pointed out that the police had not registered even a single case against the trade union workers who had indulged in violence during the 48-hour strike. This is because the accused are people belonging to the ruling front. On the contrary, the police had gone on an overdrive in arresting protesters and registering cases against them during the hartals organised by BJP and other Hindu organisations over the Sabarimala issue. As many as 7,000 persons were arrested and 2,000 cases registered in connection with the violence during the 3 December hartal called by the Sabarimala Karma Samithi alone. Anti-hartal activists feel that the menace cannot be curbed by law. They have stressed the need for a sustained movement by the masses to end hartals, which have assumed the form of a bandh in Kerala after the Supreme Court banned bandhs. The Kannur-based Anti-Hartal Front is planning to launch such a campaign from Republic Day to Independence Day. The campaign named ‘I hate hartal’ seeks to involve all sections of people, including school and college students in the campaign. Public opinion has been mounting against hartal after the state witnessed as many as nine hartals over the Sabarimala issue since the Supreme Court lifted the ban on menstruating women from entering the Lord Ayyappa temple on 28 September. The state witnessed as many as 97 hartals during 2018. Estimates put the state’s average income loss on a day of hartal at Rs 2,000 crore. Anti-hartal activists feel that hartal was being promoted by political parties as it does not require any effort to make the protest a success. “Other forms of protest require huge efforts to mobilise people. Political parties have been choosing the easy way as people have lost faith in them. The people have started realising that the parties are calling hartals for their political gains and not for the good of the people,” says Vijayan Nair, a member of the ‘Say No To Hartal’ Forum. He said that the parties will resist from calling hartals only if they realise that people are against the menace. Nair said that the current resistance against hartal will serve as a strong message to those calling them and holding the life of common people to ransom.