Kerala High Court Declares Gawking Charges (Nokkukooli) Illegal; Calls For Reforms Of Headload Workers Act

The Kerala High Court recently pronounced a judgment declaring that the practice of demanding gawking charges, often referred to as 'nokkukooli' in Malayalam, is illegal and unconstitutional. 

Standing Counsel Siju Kamalasanan appearing for the Welfare Board, submitted that steps in this regard have already been initiated and will be completed in a progressive manner.

Need to modernize headload industry

The Court observed in the judgment that carrying heavy loads of 55 kgs or more by any person on his head or body on a regular basis would cause irreversible musculoskeletal and cervical spine issues.

"This Court, therefore, believes that the time has come to modernize the industry, so that all those registered workers, whose livelihood depends on the work of loading and unloading, must be given requisite technological and mechanical assistance, which would obviate their physical trauma; and this is a matter which will unexpendably require to be considered by the Welfare Board and the Government in a proactive manner.

I am making the afore exhortation, because the Act had its parturition in the late 1960s when the "Headload Workers" – a very vulnerable section of the society at that time – required to be protected from exploitation. The concept of a Headload Worker, as defined statutorily, takes in a person engaged for loading or unloading or carrying on head or in a trolley any article using manual labour. Unfortunately, this reinforces the engaging of a person to carry loads on his/her head; but though the various amendments brought in over the years, several exceptions have been carved out, including with respect to articles which can be handled only by mechanised processes and are "delicate or sophisticated", which, in turn, are defined to mean those which require to be handled by "trained or skilled persons".

Hence, when mechanised means began to replace manual labour over the years, "Headload Workers" began to be denied employment under the ambit of the "Act" itself and this became the main cause of strife and thus fuelled deleterious tendencies like "Nokku Kooli", through which the workers and unions began to demand "wages", even when they are not entitled, as per the "Act", to be engaged.

Inevitably, when our country marches through the present century, the registered workers need to be trained scientifically and equipped with the assistance of machines and other technologies to ease their physiological stress and trauma.

"Though this Court cannot command, it can certainly commend, that the Government must now consider the modernization of the work force, as also the "Act", by transforming the "Headload Workers" into "Loading and Unloading Workers", without confining them to Manual Labour alone. If this is done, the industry will become a more organized and regulated one; with unsavory tendencies like assaults, strifes and illegal demands, to a very large extent, controlled or even done away with", Justice Devan Ramachandran observed.

Directions Issued:

1. The demand for Nokku Kooli (Gawking Charges), in any form, manner, colour or manifestation, by any person, Trade Union, or registered worker, is hereby declared illegal and unconstitutional.
2. All District Police Chiefs and the Station House Officers shall register FIRs, after essential preliminary enquiry, immediately after any complaint is received regarding the demand for Nokku Kooli, treating it as a case of extortion, thus within the ambit of Sections 383, 503 and 149 of IPC, and any other which becomes discernible during the investigation. Such cases shall be investigated and charge-sheeted with top priority.
3. Any person/entity faced with such illegal demand is at full liberty to report it to the Labour Commissioner Office, through phone number – 155215 or Toll-Free number 1800 425 55214 set up by the competent Authority. As and when any complaint is received, the jurisdictional Assistant Labour Officers, Deputy Labour Officers and District Labour Officers will intervene as is necessary, including for recovery and return of any excess demand made.
4. The Government is called upon to carry out the amendments as now suggested by them in 'Draft Amendment Proposal', as early as is possible so that necessary disciplinary control can be achieved over the industry as a whole.
5. The Welfare Board shall constantly ensure that Clauses 21 to 24 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme are implemented without violation and that the payment of wages and other welfare benefits are regulated under it without fail, which this Court feels will go a long way in curtailing illegal tendencies like "Nokku Kooli".
6. The Welfare Board and State Government are requested to deliberate upon and devise methods and measures for modernizing the industry of "Headload Workers" and to equip them for the loading and unloading activities of the future, by offering them the necessary training, scientific support and mechanical and other ameliorative systems to reduce the physical burden of their employment to the extent possible.
7. Since these directions have been issued in rem,  any individual or entity has been granted the liberty to approach the Court if the complaint preferred by him/them under directions (2) and (3) above is not adverted to or dealt with as is required under law. On such application being preferred, the Registry shall place it appropriately before the Bench for apposite orders. 

Also Read: 'Unintended Byproduct Of A Well Intended Legislation': Kerala High Court Calls For Ban On Nokkukooli

Case Title: T.K.Sundaresan v. District Police Chief

Citation: 2022 LiveLaw (Ker) 59

Click Here To Read/Download The Judgment