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32 Supremo Amicus [62] (2023)
Right to Bandh and Judicial Responses: A Critical Study

handle is hein.journals/supami32 and id is 62 raw text is: SUPREMO AMICUS VOLUME 32 1 JANUARY, 2023 ISSN 2456-9704 RIGHT TO BANDH AND JUDICIAL RESPONSES: A CRITICAL STUDY By Kaviya Swaminathan & Kanishk Shah BA. LLB Student at Symbiosis Law School, Hyderabad ABSTRACT The right to express dissent against the State is important, but how you express that is equally important. Bandhs are a form of protest where all day-to-day activities come to a standstill. It, more often than not, results in violence, vandalism of public property and disturbance to public order. Bandhs have a huge impact on citizens' fundamental rights and also cause a huge loss to the economy. Any yet, the right to protest cannot simply be crushed Expression of dissent is vital in the working of a democracy where citizens have the right to criticize the government. It is only by opening up to criticism that our system of governance can work efficiently. It is essential for us to weigh the positives and negatives of the right to bandh in order to critically analyse its need. This research paper aims to differentiate between bandh and strike as forms ofprotest, review judicial decisions made with regard to the constitutionality of bandhs and understand the impact that bandhs have on the society. It also assesses if there is, indeed, a need to have the right to bandh and expresses the need to have legislation to define and regulate different forms of protest. Keywords: Bandh, Strike, Protest, Rights, Constitutionality INTRODUCTION The right to bandh is a very contested issue in the political sphere. Currently, bandhs are deemed to be unconstitutional and illegal. Bandh, in Hindi, means closed or shutdown. A call for bandh by political parties generally means a complete shutdown of regular activities. The whole nation, during a bandh, comes to a halt. All the shops, offices, chools, colleges and public transporta on systems are closed off. Due to this shutdown of almost everything in a nation, a bandh is extremely detrimental to a country and a society in a lot of aspects. Considering the negative effects a bandh has, the Supreme Court and various High Courts, by way of different judgements and case laws, have banned bandhs and denied the right to bandh. However, the right to strike is still available to the general populace. A lot of the times, the words bandh and strike are used synonymously. However, bandh and strikes are different from each other. A strike is also a form of protest against employers, but the difference arises in the very nature of protesting: bandhs can get extremely violent, and almost always have some casualties and damage and loss to property and life. Bandhs also violate the rights of the general populace that isn't taking part in the bandh, as the protestors in a bandh generally block roads and modes of transport. This restricts the movement of the general population and even if there are certain people on their way to their workplace or to buy something, protestors do not allow them to move freely. www.supremoamicus.org PIF 6.242

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