Kerala High Court seeks response from Central govt on plea by Lakshadweep MP Mohammed Faizal to publish draft regulations in vernacular languages

The Kerala High Court on Wednesday directed the Lakshadweep Administration and the Central government to file their response to a plea seeking directions to place vernacular versions of proposed draft regulations for the islands in the public domain (PP Mohammed Faizal Vs. Union of India). .A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly issued directions to file responses in two weeks time on the petition that sought direction commanding the respondents to place the vernacular versions of draft notifications in the public domain, including through the print media and electronic media, together with a brief justification of the proposed regulations, essential elements of the proposed regulations, its broader financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the indigenous population of the Union Territory of Lakshadweep.The petition was filed by PP Mohammed Faizal, the sole Member of Parliament from the Union Territory of Lakshadweep elected consecutively for a second term to the 17th Lok Sabha.Advocate P Deepak appeared for the petitioner. .The petitioner submitted that since the Union Territory has no legislature of its own, it is imperative that drafts of any proposed regulation under Article 240 is made known to the interested stakeholders, in this case the mostly indigenous populace of the islands, sufficiently in advance to ensure public participation in the rule making process. He added that the regulations that are attempted to be rolled out by the Lakshadweep administration will have far reaching consequences on the life, liberty and way of living on the residents..The petitioner produced documents showing that since January, 2021, 'public notices' of drafts of Lakshadweep Prevention of Anti-social Activities Regulations, 2021, Lakshadweep Co-operative Societies Regulation, 2021,Lakshadweep Panchayath Regulation, 2021, Lakshadweep Animal Preservation Regulation, 2021,Lakshadweep Registration of Societies Regulation, 2021 and Lakshadweep Development Authority Regulation, 2021 were issued. These notices were supposedly issued to elicit public opinion, he submitted..However, according to the petitioner, this isn't sufficient to effectively receive the public's opinion on these matters due to three factors.1. No publication in the vernacular languageThe notices of the drafts were issued in English. However, the vernacular language of all islands except Minicoy is Malayalam and that of Minicoy is Mahal with Divehi as its script. Therefore, publishing only Anglicised notices excludes the majority of the population that understand only the vernacular tongues which violates their rights under Article 19 (1)(a) of the Constitution..2. Lack of internet connectivity/low bandwidthThe publication of the draft regulations was solely done by uploading the same to the official website of the Lakshadweep Administration. However, majority of the residents still lack internet connectivity and where it is available, they have to make do with the lowest bandwidth in the country. Residents are hugely reliant on print media for all information. Therefore, requiring the underprivileged indigenous population to respond to notices published only online, through email, compounds the problem..3. Insufficient time to respondThe notices issued from January to March this year, required objections/suggestions to be filed within 21 to 30 days from the date of publication. This time is inadequate especially during the COVID-19 lockdowns imposed in all the islands..The petition also pointed out that since some of draft regulations have an impact on environment, specific reports should be obtained from the National Centre for Earth Science Studies (NCESS) and the National Centre for Sustainable Coastal Management (NCSCM) with respect to the viability/impact of the proposed regulations vis-à-vis the Integrated Island Management Plans (IIMPs) approved for the 10 inhabited islands"All developmental activities in the archipelago are to be undertaken strictly in consonance with the provisions contained in the Integrated Island Management Plans (IIMPs) and in consultation with the elected local self-government bodies," the plea said. .The petitioner, therefore, urged the court to:Direct the respondents to obtain specific reports from the National Centre for Earth Science Studies (NCESS) and the National Centre for Sustainable Coastal Management (NCSCM) with respect to the viability/impact of the proposed regulations vis-à-vis the Integrated Island Management Plans (IIMPs). Direct that said reports be placed before the elected local self-government bodies of the Union Territory of Lakshadweep.Direct the respondents to place the vernacular (Malayalam & Mahal) versions of draft notifications in the public domain, including through the print media and electronic media, together with a brief justification (Statement of Objects and Reasons) of the proposed regulations, essential elements of the proposed regulations, its broader financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the indigenous population of the Union Territory of Lakshadweep.Direct that the summary of feedbacks/comments received from the stakeholders, namely, the indigenous population of the Union Territory of Lakshadweep be placed on the public domain domain, both in the print and electronic media.Direct the respondents to hold consultations with all stakeholders, including the elected local self-government bodies. Issue directions preventing the respondents from approving the draft regulations without first adhering to the pre-legislative consultation process..The High Court has given the respondents, specifically the Central Government and the Lakshadweep Administration, two weeks time to file their responses. The case will be heard next after that. .Kerala High Court stays Lakshadweep Administration's orders to ban meat from midday meals, shut down dairy farms.Several petitions are currently pending before the Kerala High Court regarding the new regulations proposed to be introduced in Lakshadweep under new Administrator, Praful Patel.These administrative reforms have led to great consternation among the island population and have led to protests.