More than 25 crore employees in the government sector are involved in the nationwide Bharat Bandh.
Can any human being or organization announce Bharat Bandh? How many rights have been given to them in the constitution regarding nationwide closure. This question is in discussion. The reason for this is India shutdown. More than 25 crore employees from several areas including banking, mining, transport and manufacture are on strike today (July 09). Employees have called for a Bharat Bandh across the country. This will directly affect the common man and the services they get. Bharat Bandh will include AITUC (All India Trade Union Congress), HMS, CITU, INTUC, Inutuk, TUCC, AICCTU, LPF and UTUC. Krishi Mazdoor Sangh and United Kisan Morcha have also supported this strike.
In such a situation, the question arises whether the Constitution gives the right to those who shut down India. If there is any violence during India bandh, then who will be responsible for it? What action can be taken in cases of violence? Know the answers to these questions from experts.
Can anyone announce a bandh?
Ashish Pandey, Advocate of Supreme Court, says, India is a democratic country and everyone has the right to speak. The rights found in the Indian Constitution approve this. Article of the Constitution (19) (A) gives a speech to any Indian and gives the right to freedom of expression.
Section-B says, Indians can gather anywhere in a peaceful manner without any weapons. That is, you can also announce Bharat Bandh in the country. There is no action on a peaceful India bandh.
When is the protesters Action,
Advocate Ashish Pandey says, there is no action on the peaceful India bandh, but when India takes a violent form or during this time, the protesters become fierce and start harming the property or government property of another. Scare or threaten people. They do anything that causes harm to other citizens or if they violate their rights or forcibly close the shops, action can be taken.
What action will be taken if the protest is violent?
The Indian Constitution allows peaceful performance, but cannot join it with weapons. Action is taken when demonstrations take violent form. How will the action be, it depends on what kind of violence has happened? What is the damage done?
Suppose the protesters who commit violence harm someone’s property, then action can be taken under the Prevention of Damage of Public Property Act 1984. The law says that anyone who has damaged public property can be fined with five years of imprisonment.
In view of the increasing cases of violence in demonstration over time, the Supreme Court took automatic cognizance to improve this law and formed a committee in 2007. The first was, Justice Thomas Committee and the second was Nariman Committee. However, this step did not prove to be very effective. On increasing the number of protests and riots, the Supreme Court talked about building a tribunal, this initiative also did not reach its end.
The Uttar Pradesh government enacted a law regarding this. This law was enacted when demonstrations for CAA in the state gained momentum. The name of the law is, Uttar Pradesh Compassion for Damage to Public and Private Property Act 2020. This law says, if the protesters harm someone’s property, then the property will also be compensated by the same rioters. The people of the country have the right to perform peaceful, but not of violence and sabotage.
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