High time demeaning headload work is abolished; train workers to use machinery instead: Kerala High Court

The Kerala High Court on Friday observed that the practice of headload work should have been abolished a long time ago (TP Hardware Centre v The Superintendent of Police & Ors.).Justice Devan Ramachandran strongly opined that instead of continuing with the practice with no end in sight, the workers engaged in headload work should instead be trained to use machinery. "Headload workers should actually be rehabilitated. They should be given training to use machines that are made for the purpose of loading and unloading goods. It is shocking to see the amount of effort they put into their work. Their health and quality of life is terrible after they are 50-60 years old", he orally remarked.The Court further observed that the Kerala Headload Workers' Act of 1978 is a relic of the past that was enacted as a result of the socio-economic and cultural atmosphere of the 1970's.The Court was hearing a petition by a firm seeking police protection for its staff from the obstruction caused by headload workers in loading and unloading the goods..The judge went to express his dismay at the fact that such work continues to be prevalent across Kerala when it has all but disappeared in other parts of the world. "Where else in the world is this practice of headload work this prevalent? It is demeaning for a human being to carry all this. Its high time this practice was abolished. It is unbelievable that this is going on in the 21st Century," the Court opined..Justice Ramachandran drew parallels between what is arguably back-breaking headload work and the practice of manual scavenging that unfortunately continues in other parts of the country."It is similar to how manual scavenging, which I hear continues to exist in other parts of India. People enter the septic tanks and clean it, it is unimaginable. These practices should have been abolished a long time ago. I'm not saying any more or I'll be accused of being too progressive and these days, being progressive is seen as a bad thing," the judge remarked..The counsel for the petitioner submitted on Friday that the goods being dealt with by them is glass and is fragile and requiring extreme care, but their staff had been obstructed in carrying out the work by headload workers in the area. The Court, therefore, proceeded to issue an order stating that the petitioner and his vehicles must not be obstructed by any headload workers..While issuing the order in the case today, the Court reiterated that if any headload worker has been wrongly denied engagement, the only acceptable and lawful course of action is to approach the Headload Workers' Welfare Fund Board which is empowered to take necessary action as per the Act."The issues relating to denial of employment to headload workers attached to the pool in the concerned area will have to be decided by the competent authorities under the act but they cannot be allowed to take law into their own hands or cause any physical obstruction to the activities of the petitioner. The Board and other competent authorities under the act will be at full liberty to initiate and complete any action with respect to any complaints preferred before them by headload workers of the pools designated to the area concerned and the petitioner will be bound to comply with the same subject to their statutory remedies thereupon," the Court ordered..While dealing with a similar matter, the Court had previously observed that the Kerala Headload Workers Act was enacted to protect the interests of trade unions and its members, but was not being implemented properly in the State.As per the Act, in the event of any employer refusing to engage a headload worker, the consequence would not be violence but a proceeding initiated before the Headload Workers' Welfare Fund Board which would then lead to the statutory consequences under the Act.In that case, Justice Ramachandran had directed the State government to submit a report as to the steps, measures and progress made with respect to the amendment to the Kerala Headload Workers Act