6 drafts didn't follow procedures: HC seeks response from Lakshadweep Admin

Kochi: Kerala-Lakshadweep High Court has sought an explanation for six drafts issued by the island administration. A petition filed by the Save Lakshadweep Forum and the Lakshadweep Bar Association alleged that the new laws were drafted without following proper procedure.

The Lakshadweep administration was ordered to file an explanation within two weeks.

The Bar Association argued that the six laws were drafted without considering the special circumstances of the islands. The petition filed by Lakshadweep MP Muhammad Faizal and Forum representatives said that the islanders did not get a chance to respond to the new drafts.

Kerala High Court, Madras High Court, and Delhi High Court had recently reiterated that when a law is enacted, affected sections should be allowed to read the draft. The courts have also insisted that simple, easy-to-understand language must be used. According to the rules and regulations, the six drafts should have been issued in Malayalam for people living in Lakshadweep. Another version should have been issued in Mahal for Minicoy islanders.

In the case of plenary legislation such as this, people have the right to listen to the draft and file complaints. Representatives of the people also get the opportunity to demand answers and share concerns in the House. It became law only after the President of the nation or Governor of the state signed the draft.

This procedure, under Article 240 of the Indian Constitution was not followed by the Lakshadweep administration. Article 240 is enforced to ensure the well-being of the people. The petition noted that most islanders did not get the chance to raise concerns or file complaints.

The Lakshadweep administration did not comply with the regulations and hurried the entire process. Islanders were given 31 days to respond to four of the drafts.

The other two drafts concerning the most serious matters - LPASA and LDAR - were allowed only 21 days. The petitioners argued that the internet is not very efficient on the islands and there is a minimal chance that people will find the drafts on the internet. The drafts were also not published in the Lakshadweep Times.

The LDAR will give the administration the power to remove the small holding for property owned by the islanders belonging to the Scheduled Tribes. LPASA is designed to prevent anti-social activities in the islands. It will arm the administration with the power to detain a person without any public disclosure for up to one year.

The Kerala High Court had earlier stayed the orders concerning the closure of government-owned dairy farms, removing meat from midday meals in schools, and changes made in the process to sanction emergency heli-ambulance for patients.

Legal experts have also called the attempt to transfer the island's proceedings from Kerala High Court to Karnataka High Court impractical and malicious.