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Kerala HC Contempt Case Filed Against ASHA Workers’ Protest for Blocking Roads and Footpaths in Trivandrum

20 Feb 2025 5:03 PM - By Court Book

Kerala HC Contempt Case Filed Against ASHA Workers’ Protest for Blocking Roads and Footpaths in Trivandrum

A contempt case has been filed in the Kerala High Court against the ongoing protest by ASHA workers (Accredited Social Health Activists) outside the Trivandrum Secretariat. The plea alleges that the protest, which began on February 10, 2025, has blocked public roads and footpaths, violating a previous court order.

The contempt petition claims that the Kerala ASHA Health Workers Association has disregarded a 2010 High Court directive. In a judgment dated June 23, 2010, in WP(C) No. 19253 of 2010, a Division Bench had prohibited government agencies, including the Public Works Department (PWD), police, revenue, and local authorities, from granting permission for meetings or protests on public roads and road margins.

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The petition also names several political leaders, including MLAs Ramesh Chennithala, M Vincent, K K Rema, and former MLA Joseph M Puthuserry, for participating in and addressing the protest. The Division Bench, comprising Chief Justice Nitin Jamdar and Justice S. Manu, has directed the court registry to list the contempt petition before a Special Bench for hearing.

ASHA workers, who play a crucial role in India’s public health system, have been protesting to demand better wages and benefits. Currently, they receive an honorarium of 7,000 rupees per month, which they want increased to 21,000 rupees. They are also seeking retirement benefits and the clearance of pending honorarium payments.

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The contempt plea alleges that the protest has been ongoing day and night, with workers encroaching on footpaths and roads in front of the Secretariat. Chairs and other installations have been placed on the footpath and road, causing traffic disruptions. The petitioner argues that the police have a duty to remove such obstructions, as per the High Court’s 2010 judgment.

The petition has named several officials as respondents, including the State Chief Secretary, State Police Chief, Thiruvananthapuram City Police Commissioner, and the Station House Officer. It states that these officials are responsible for ensuring that public roads and footpaths near the Secretariat remain clear. Additionally, the District General Secretary, General Secretary, District President, and State Member of the Kerala ASHA Health Workers Association have been included as respondents for allegedly organizing the protest in violation of the court order.

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The High Court has consistently emphasized that public roads and footpaths should not be blocked for protests or meetings. In its 2010 judgment, the court had clearly directed government agencies to prevent such encroachments. The current contempt case highlights the failure of authorities to enforce this order.

Case Title: N Prakash v Ramesh Chennithala MLA & Ors.

Case No: Con. Case No. 481/2025