'Unintended Byproduct Of A Well Intended Legislation': Kerala High Court Calls For Ban On Nokkukooli, Calls It Illegal & Unconstitutional

The Kerala High Court on Monday pronounced an elaborate judgment observing that the practice of demanding gawking charges, often referred to as 'nokkukooli' in Malayalam, had to be banned in the State once and for all. 

Referring to the Kerala Headload Worker's Act, Justice Devan Ramachandran ordered as under:

"It is unclear how nokkukooli - literally translated to mean gawking charges - spread its tentacles in our small State but it is common, admitted knowledge that is being widely practised in the State, as if it is an entitlement among trade unions. This has forced the court to take judicial notice of it...It is an unintended by-product of a well-intended legislation."

This observation came in a plea filed by a man who was not being provided with the necessary registered headload workers for his construction work by the trade unions pursuant to a dispute between them over nokkukooli. 

The Court in its judgment has dived into the history and the becoming of the Act to emphasise that it was enacted for the welfare and protection of the headload workers back in the 1970s when they were a marginalised section of people. 

"The Act was implemented for the welfare of the workers and for the settlement of disputes. It was followed by the inception of the Kerala Headload Workers (Regulation of Employment & Welfare) Scheme which aimed at the constitution of a Welfare Board for the State to institutionalise the contractual relations between employers and headload workers. However, even with all these provisions in place, allegations and complaints of trade unionism continued, particularly with the advent of mechanised modes of loading and unloading. This was the beginning of the concept of 'nokkukooli' over the years which later became a way of life."

The judgment also takes note of the fact that the State Police Chief had issued a circular in 2012 declaring the demand of nokkukooli to be a violation of several laws and directing Station House Officers to reach the place of occurrence and investigate such instances by registering a crime.

However, it was found that nothing really changed at the ground level despite the fitting initiative taken by the then SPC. The Court also revealed that the situation remained the same even after its active and frequent interference in the matter 

When this matter initially came up for its consideration, the Court was informed that the Welfare Board and the State government were initiating steps imbibing the spirit of its order.

In the subsequent postings, Government Pleader EC Bineesh and Standing Counsel for the Welfare Board Siju Kamalasanan informed the Judge that trade unions were being enlightened about the manner of operation of the Act to make the State investor-friendly and that awareness classes were conducted on a regular basis across the State.

When the proposal to amend the Act to empower the Board to penalise demand of unlawful wages was brought to the attention of the Court, the Bench had recorded its appreciation for the same. However, the draft legislation was yet to undergo several stages of legislative activity and required more time to be in force without avoidable delay.

Although this was found to be a welcome move, the Court highlighted that it was important for this proposal to fructify without much delay to root out deleterious tendencies from the State for it to be a 'premier investment destination' for anyone.

The Bench further noted that the State Police Chief had issued a circular on 26th November asking the respective District Police to take action on any instance of demand of gawking charges and to investigate the matter with top priority.

The said exercise has arrested the practice to some extent, and this is particularly manifest from the decreasing number of cases reaching the Court, stated the judgment. 

Meanwhile, the Court found it necessary to add a thought on the role of the Act in making a person carry heavy loads on their head or body on a regular basis, which inevitably lead to irreversible muscular-skeletal and cervical spinal problems. This is not the first time this Bench has suggested the same. 

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

It was proposed in the judgment that this had to be modernised in a manner where the workers should be given technological and mechanical assistance to relieve their bodily trauma of being engaged in the headload activity.

As the country marches through the present century, the registered workers must be equipped to handle all kinds of loading and unloading to ease their physical trauma from headload and manual work, the Court added.

Although the Court cannot command, it can commend for the modernisation of the Act and for it to be renamed as the Loading and Unloading Workers Act. This way, the industry will become more organised and regulated, it was suggested.

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

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