Back to ‘bandh’ culture?

Some self-styled patriots have in the past couple of days attempted to revive the ‘bandh’ culture. The positive aspect, however, is that the people of Assam have not extended any support to it. There has been a very significant change in the mindset of the people of Assam in the past few years. The people have rejected bandhs outright and decided several years ago that they would not lend any kind of support to such groups. The All Assam Students’ Union (AASU) rejected the culture of ‘bandhs’ a few years ago. In the instant incident – which is an ordinary and normal dispute between two traders – the AASU has done well by not getting entangled in it. The people of Assam as a whole, and the young, educated, empowered, forward-looking people in particular, know that it is work culture and not ‘bandh’ culture that can take the state and the region forward. It is also important to keep in mind that the Supreme Court had, several years ago, pronounced ‘bandhs’ as an unconstitutional act that infringes upon the fundamental rights of citizens protected under the Constitution. The apex court had also determined that a ‘bandh’ imposes undue restrictions on the rights of individuals, effectively negating their ability to exercise fundamental freedoms unless explicitly excluded services were maintained. The apex court is also on record saying that the intent behind a ‘bandh’ is to halt all activities, thereby disrupting the normal functioning of society and the economy. It was further noted that even though the call for a ‘bandh’ might not explicitly mention the use of force, the practical implications often involve coercion and threats to ensure compliance. By defining ‘bandh’ as an act intended to bring all activities to a standstill, the highest court of the country had also recognized that such actions infringe upon Article 19(1), which guarantees the freedom of speech and expression, assembly, association, movement, and residence, and Article 21, which protects the right to life and personal liberty. Furthermore, the Supreme Court had also emphasised that while the right to peaceful assembly is protected, the invocation of a ‘bandh’ transforms this into a tool that undermines collective constitutional freedoms. Given this backdrop, and given the fact that the people have clearly rejected the ‘bandh’ culture, law-enforcing agencies must come down heavily on all such elements which try to infringe upon the people’s right to the freedom of speech and expression, assembly, association, movement, and residence, as well as the right to life and personal liberty.