Disposed

Suo Motu v. State of Kerala

Kerala HC24 Sept 2021WP(C)/6822/2018

Case brief

AI extract

What is this about?

This suo motu writ petition addressed the lynching of a tribal youth in Palakkad. The Court incorporated a report exposing squalid living conditions and exploitation of tribals, directing the State to provide essentials, construct housing, and prevent employer harassment within six months.

What did the court decide?

Directions issued to the State Government and officials to provide essentials, complete residential construction, and prevent harassment of tribal people within six months.

Suo Motu Vs State of Kerala — Caste Atrocities | Kerala HC (2021)

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W.P (C).No. 6822 of 2018 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 24^TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

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WP(C) NO. 6822 OF 2018

PETITIONER/S:

SUO MOTU

RESPONDENT/S:

1 STATE OF KERALA REP BY CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM 695001

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2 THE SOCIAL JUSTICE DEPARTMENT GOVERNMENT OF KERALA, REP.BY THE SECRETARY, SOCIAL JUSTICE DEPARTMENT, THIRUVANANTHAPURAM.

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3 THE SCHEDULED TRIBES DEVELOPMENT DEPARTMENT GOVERNMENT OF KERALA, REP.BY THE SECRETARY, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM.

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4 THE SECRETARY

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AGALI GRAMA PANCHAYATH, PALAKKAD.

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5 THE DISTRICT COLLECTOR PALAKKAD.

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ADDL. 6 KERALA KARSHAKA SAMRAKSHANA ASSOCIATION REP.BY ITS CHAIRMAN, N.K.SIVARAMAN, REG.NO.PKD/CA/262/2012, KAVASSERY PO, ALATHUR TALUK, PALAKKAD DISTRICT-678543.

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ADDL. 7 R.PALANI

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S/O RANGAN, AGED 46 YEARS, UNIT SECRETARY, KERALA KARSHAKA SAMRAKSHANA ASSOCIATION, AGALY ATTAPADY, KARARA PO, MANNARKAD TALUK, PALAKKAD.

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ADDL. R6 AND R7 IMPLEADED AS PER ORDER DATED 22.05.2018 IN I. A. NO. 5059 OF 2018 BY ADVS.

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SRI. N. MANOJ KUMAR, STATE ATTORNEY SRI.P.BABU KUMAR FOR R6 AND R7 SRI. P. DEEPAK (AMICUS CURIAE)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

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Shaji P. Chaly, J.

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This is a suo motu proceedings initiated by this Court on the basis of a letter forwarded by a former Judge of this Court, handling the portfolio of public interest litigations.

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The subject issue is in regard to a gruesome incident in which a tribal youth, namely Madhu, was beaten to death by a mob at Agaly, Attappadi in Palakkad District. The said incident was widely reported by all leading newspapers and it brought forth a very disturbing state of affairs that required correction through judicial intervention.

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In the letter addressed, the learned Judge has pointed out that the incident is a sad reflection of the decline of moral values of our society and the victim was beaten up on the allegation that he had stolen a small quantity of rice. It was further noted that there are a number of schemes for the welfare of the tribals and also various

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poverty alleviation programmes being implemented by the State and other organizations. Therefore, if the victim had been forced to steal rice, because he had nothing to eat, it shows that the schemes that are being implemented are not reaching the needy, and therefore, it is necessary to revamp the implementation procedures to ensure that the scheme reaches the beneficiaries.

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The learned Judge has further pointed out that the victim had to leave the place where he had been working because of the hostilities from his fellow workers, and in that view of the matter, it is absolutely necessary that directions are issued for a better enforcement of the law to prevent atrocities against the tribals. It was also stated that the victim is said to be a mentally ill person, and if so, the gravity of the situation is aggravated further in addition to the culpability of the crime; that he was attacked and lynched by a mob that showed scant respect for the law, requires to be taken serious note of by this Court. It was also opined that there has been a serious lapse on the part of the law enforcement machinery, which stands undisputed, and therefore, an effective investigation and whole hearted prosecution of the offenders is also the need of the hour.

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From the proceedings on record, it is clear that taking into account the urgency of the issues highlighted by the learned Judge, the 3^rd respondent in the suo motu writ petition, namely the Secretary, Scheduled Tribes Development Department, Thiruvananthapuram, was directed to file an affidavit, and accordingly, an affidavit was filed on 27.03.2018.

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The State Attorney was heard on the subject issue and this Court felt that the aspects pointed out in the counter affidavit, that the schemes which are available are already implemented in the State for the betterment of the tribals are concerned, decided to make a verification through the District Legal Services Authority, Palakkad. Accordingly, a direction was issued to the Executive Chairman and Secretary of the District Legal Services Authority, Palakkad, to verify the living conditions of tribals, in the light of the claims made by the Secretary, Scheduled Tribes Development Department, in its affidavit on 27.03.2018, as per an order dated 05.04.2018, and further directed to submit a report to this Court, as to whether the schemes claimed to have been implemented in the counter affidavit, have really been

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implemented at sight, and also whether the benefits of the schemes have reached the tribals themselves, on or before 21.05.2018.

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The Chairperson of the District Legal Services Authority, Palakkad, has submitted a very detailed report dated 15.08.2018, after conducting a threadbare inspection of the areas occupied by the tribals, along with the officials of the Legal Services Authority, and the relevant departments of the State, on 07.05.2018, 09.05.2018 and 11.05.2018.

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Report of the Chairperson of the District Legal Services Authority establishes shocking revelations, which stands contra distinction to the affidavit filed by the Secretary, Scheduled Tribes Development Department before this Court, that the schemes, whatever available to the tribals, are all implemented. True, prosecution proceedings were launched against the culprits in the incident, and proceeded in accordance with law.

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The report is an extensive one which picturizes the gruesome activities taking place in the tribal area, and the manner in which the gullible tribals are cheated by other people, in order to possess their properties, and the manner in which the funds allotted under the

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various schemes are diverted and illegally secured by even the members representing the people of the Panchayat in question.

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We are of the view that in order to, have a threadbare enquiry, for ensuring welfare of the tribals, to properly distribute the facilities, the infrastructure and basic amenities available to them as per various schemes, and for all future purposes and coordinated action by the departments the report of the District Legal Services Authority has to form part of this judgment. Therefore, we herewith incorporate the relevant portions of the report in the judgment. This we do, also for the reason that the Chairperson of the District Legal Services Authority, Palakkad, has made various suggestions, to improve the living conditions of the tribals.

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Needless to say the matter requires urgent attention of the State Government especially due to the fact the State is duty bound to protect the fundamental rights guaranteed to the citizens which includes the welfare measures to be formulated to the tribals in the State, and also the measures to be taken respecting the constitutional obligations contained under the directive principles of State Policy in part IV of the Constitution of India, and the duties and obligations contained various provisions of the Constitution to protect the rights and interests of the tribal people. Taking into account all the above aspects, we direct the State Government and the concerned State

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officials, to ensure that the tribal people of the area in question are supplied with the essentials that are liable to be provided to them as per the existing schemes, and also to complete the construction of the residential buildings, and other basic amenities and requirements, and all other aspects pointed out by the Chairperson of the District Legal Services Authority in the report extracted above, if not already done, at the earliest, and at any rate within six months from the date of receipt of a copy of this judgment.

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We make it clear that we had occasion to consider the plight of the poor tribal people of Agaly in yet another writ petition and issued directions. We make it clear that the direction contained above, shall not be treated in any manner, as contrary to the directions contained in the earlier judgment, but if there are other inadequacies which are not noted while making the earlier directions, and which are noted in the report as above, shall be scrupulously executed by the State and its officials.

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We make it clear that the State and its officials shall also ensure that the tribal people are not harassed by any employers and they are paid the wages, in accordance with the wages prevailing in

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any particular area. Any lethargy or latches on the part of the officials

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in implementing the directions would be viewed strictly.

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The suo motu writ petition is disposed of with the above said

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directions.

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Sd/-

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S. MANIKUMAR CHIEF JUSTICE

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Sd/SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. State of Kerala

Case brief

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