Tuesday, March 29, 2011

Disruption of railway services is unlawful says Supreme court























• In context of frequent railway blockades and the mirchipur dalit killings in haryana,Supreme court said the following
o Destruction of public property and disruption of railways is unacceptable
o Political aprties behind such activities must be de-recognised and its leaders must be put behind bars
• This will help curtail political parties open support to such activities
• Such activities effect our international image
• This is positive move from supreme court
• Primary responsibility of state is to ensure protection of fundamental rights of citizens
• Blockades and disruptions violate art 19(1)(g).
• Hence state should be held responsible for losses occuring due to disruptions
WAY AHEAD
• Agitations are pre-planned and coordinated
• Government intellgence agencies can pre-empt and prevent such agitations
• Genuine demands must be addressed in a timely manner by state
• Efforts should be made towards having a constructive debate rather than pushing through demands with muscle and money power
• Railway minister has even offered to provide incentive to states that prevent railway blockades
IS judicial activism a necessity?
• If a government fails to perform its duty, court is forced to step in
• In case of UP jat agitation, court passed an order asking state to clear rail blockade by jats
• Within a day, the tracks were cleared
• This clearly shows states deliberately promote such agitations
• Hence judicial intervention is a necessity else situation may go out of control and elad to civil riots.

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