'This Is Dehumanising, Making Your Own Citizens Carry Headload': Kerala High Court Directs State To Ameliorate Workers' Plight

The Kerala High Court on Tuesday expressed its clear objection to the continued practice of workers carrying load on their heads and called upon the State to ameliorate the plight of such headload workers. 

Evidently disappointed at the prevailing situation, Justice Devan Ramachandran commented: 

"It (headload) is dehumanising work. You are enforcing a primitive situation. I'm not saying that loading activities should be stopped or that the workers should be thrown away from their jobs. I am suggesting that headload be abolished. It's high time we think about making changes now." 

The Bench went on to say that certain revisions had to be incorporated into the Kerala Headload Workers Act to make it amenable to the modern times: 

"The Act is a relic of the past and was enacted considering the social conditions back in the 1970s. We have travelled 50 years since then. The concept of headload should be abolished. It should be loading workers Act instead. Headload has been taken for granted in the State. And the Act is perpetuating it. The statute reinforces a headload worker."

Parallels were also drawn with the situation in other countries:

"Every other country has made sure that none of their citizens are made to carry weight on their head or body. In fact, they hire people from other countries for such work, if at all they require it. And here, we use our own citizens. Do you know how dangerous this activity is? It causes severe muscular-spinal damage to the workers." 

While commenting on the plight of the workers, the Court called for the State government's intervention to ameliorate their strife.

The Judge added that this sector was still unorganised and that some people want it to remain that way. However, it was asserted by the Bench that it will not lend a deaf ear to the needs of the workers since they were made to do 'agonizing' and 'dehumanising' work.

The Court had recently made similar remarks while dealing with another matter. Referring to the same, it was added that people with vested interest were twisting the Court's words and making a mountain out of a molehill. The Court further stated that its concerns regarding the Act and the practice will be mentioned in the judgment. 

The observations came in a plea filed by a hotel owner seeking police protection to carry on his business without intervention from certain individuals who were demanding gawking charges (nokukooli).

In the earlier hearings of the case, the Judge had directed the State Police Chief to take stringent action against those who demanded gawking charges under the offence of extortion. 

Today when the matter was taken up, Government Pleader E.C. Bineesh reported that a circular has been issued by the State Police Chief to all the police stations to register an FIR including the offence of extortion as and when any genuine case is received regarding demand of nokukooli.

It was also stated that a draft amendment proposal has been placed before State to amend the Act in a way that enables the Welfare Board to initiate disciplinary action against the violators. 

Recording appreciation for these measures, the Court stated that these steps were most welcome but directed the State to expedite the process of amendment and to inform by when it will come into force. The matter will be taken up on Tuesday for further consideration. 

Case Title: T.K Sundareshan v. District Police Chief