Right to life includes dignity: Gauhati High Court tells Assam govt to help 600 evicted families

The petition states that after the eviction, 556 families, including children, have been taking shelter on a plot of land belonging to some other people. “It is the case of the petitioners that on account of the large-scale eviction, a state of humanitarian crisis has ensued, leading to deaths and suffering among the people residing in makeshift camps since the date of their eviction,” observed the court in its order.

The court recorded that the advocate for the petitioners, Zunaid Khalid, submitted that “taking into account the inhuman condition in which the petitioners are residing, the State, being a welfare State and bound by the Directive Principles of the Constitution of India, is at least required to provide the basic amenities such as sanitation, potable water, medical care, as well as food.” It recorded that he also argued that though the petitioners have been issued ration cards, adequate food grains are not provided to the fair price shops to which the cards have been tagged.

The court recorded various responses from the counsels of the different departments that are respondents to the case, including that there is “no dearth of supplies in the fair price shops;” that since the petitioners are not currently residing on government land, instructions would be necessary from the concerned department on how to provide sanitation to people residing on others’ patta land; and that there are Primary Health Centres where the petitioners can avail medical facilities.

Issuing notice to the respondents to present their stand by filing affidavits before March 9, the bench also passed a set of interim directions for them to comply with till then, stating, “It is the opinion of this Court that the right to life includes the right to live with dignity, right to potable water, right to sanitation, as well as right to basic medical facilities. This Court is also of the opinion that under the (National Food Security) Act of 2013 benefits are to be provided to the eligible persons.”

It has directed respondents — the Revenue & Disaster Management Department, the District Commissioner, the concerned Circle Officer and the PHE Division Executive Engineer — to jointly ensure that potable water facilities are provided in the area where the petitioners are residing. It also directed the District Commissioner and the District Food and Civil Supplies Officer to ensure the availability of adequate rations in the fair price shops in question and that food grains are duly provided to the petitioners once they produce their ration cards. Additionally, it directed the Joint Director of Health Services to ensure that the Primary Health Centres in and around where the petitioners and other affected families are residing “are provided the basic medical facilities.” Finally, it directed the District Commissioner and Circle Officer “to find out avenues for setting up a proper temporary sanitation mechanism so that the petitioners and other families residing on the said compact plot of patta land can use the same.”

It also specified that the affidavits to be filed by the various respondents, especially by the Goalpara district administration, must include special mention “as to whether the petitioners are being provided the basic necessities of life forming part of the right to life.”