Over dozen constitutional violations in Kerala Public Health Bill passed by assembly, says Awaken India Movement

Thiruvananthapuram (Kerala) [India], April 29 : The members of the Awaken India Movement have alleged that the Kerala Public Health Bill passed by the assembly is a gross violation of various articles of the constitution.

The Awaken India Movement representatives met the governor and requested not to sign the bill.

They alleged that Article 47 of the constitution of India was not considered while formulating the act. It also violates Article 16 and the preamble of the constitution where equality of opportunity is assured.

They alleged that the bill suspends the powers of local self-government.

The Awaken India Movement representatives alleged that the bill considered only allopathy as modern medicine. It is not accepting Ayurveda or Homoeopathy.

According to Raj Bhavan sources, the governor has not signed the bill so far.

Kerala assembly passed the Kerala Public Health Bill in the last session amid opposition protest was going on on various issues. The assembly passed the bill without discussion using their majority.

While talking to , State Committee member of Awaken India Movement, Samuel George said, "There are a lot of constitutional and human rights violations. There is a concern from the Ayush people that they are not getting the privilege to treat people. So all these things together, especially since we have been addressing the constitutional violations. Whatever law we make in our country should be based on our constitution."

Alleging human rights and fundamental constitutional violations in the bill, he said, "There is a dreadful clause that if the public health official is making any offence, misusing or abusing the power, we can not move the court because the bill says the court is out of the purview of the bill. So we have informed the governor."

"Before that, there were select committee meetings and we attended all meetings. We informed the health minister and other people and gave written documents. They assured us that they will make necessary changes but when the bill came into the assembly there was no major change and they passed it without discussion. So our next option was to inform the governor that there are constitutional violations against the ordinary people's day-to-day life," he added.

"Somehow the people understood and the bill has not been signed. I heard the governor asked for some clarification from the government and he is seeking some legal explanation on this bill. Now our request to the people of Kerala is that you should read it and know about the bill. You must pressurise your member that it should not get enacted the way it is now. It has to be changed in a way that will obey the Constitution," Samuel George further stated.

Stating that a Public Health Bill should be based on Article 47, he said, "The post of the public health officer is given only to the representative of modern medicine. Public health council, why they are not giving the status of the public health officer on a rotation basis? One year to allopathy, next to homoeopathy and to ayurveda. They are giving the status only to modern medicine."

State committe member, Tena Conil said, "There are actually over a dozen violations including article 16, 19, 21, 26, 27, 352 also IT Act 2000, UN resolution 43, 123 and multiple contradictions to major supreme court rulings. So it is a huge violation. The whole thrust of the bill is to penalise people or in the label of health care to terrorize people. It has not taken into account any proactive measures required as stipulated in Article 47 of the constitution. That is a huge omission.

"The very intent of the bill is questionable This bill takes away the sovereignty of the self-government. Taking away health sovereignty. All those fundamental rights are being taken away in the false label of health care," Conil added.

State committee member, Manu P S said, "In the Public Health Bill there are so many of definitions for all those things like fines and all. But there is no definition for health. That is the main thing I am concerned about.