The Calcutta High Court on Thursday held that the proposed rail and road blockade announced by Kudmi Samaj in West Bengal’s Purulia district from September 20, demanding Scheduled Tribe (ST) status, is illegal and unconstitutional.
A division bench headed by Justice Sujoy Paul observed that there were no fresh circumstances warranting a different view from the one taken in September 2023, when the court had similarly struck down such a protest call by the organisation.
The bench directed the state government to act in accordance with its earlier order of September 19, 2023, which had declared the programme unconstitutional. The order had asked the government to take strict measures, including:
- Deployment of additional police forces in the affected areas.
- Seeking assistance from neighbouring states—Jharkhand, Odisha, and Chhattisgarh—to prevent an influx of protesters into Purulia.
- Requisitioning central forces, if required, to ensure that public life is not disrupted.
The court further directed the Kudmi Samaj to adhere to its undertaking that the blockade would not hinder medical and emergency services, disturb law and order, or violate citizens’ fundamental rights.
The bench underlined that while citizens have a right to express their demands, such methods cannot obstruct essential services or paralyse normal life.
The Kudmi Samaj has been organising demonstrations every year in September since 2022, reiterating its demand for recognition as a Scheduled Tribe. The agitation has often taken the form of indefinite rail and road blockades, causing widespread disruption in Purulia and adjoining regions.
By reaffirming its earlier stance, the court made it clear that the state’s obligation is to strike a balance between citizens’ right to protest and the constitutional duty to maintain public order and protect fundamental rights.
