"Madras High Court Orders ₹5 Lakh Compensation for Sri Lankan Refugee Family After Tragic Camp Wall Collapse Claims Child's Life
In a recent ruling, the Madras High Court has instructed the Tamil Nadu government to provide ₹5 lakh in compensation to the parents of a Sri Lankan refugee child who lost her life in a devastating wall collapse at their refugee camp. The judgment, delivered by Justice GR Swaminathan of the Madurai bench, emphasized that the fundamental right to life, enshrined in Article 21 of the Constitution, extends to all individuals within India's borders, including refugees.
The unfortunate incident occurred in May 2014, when heavy rainfall triggered the collapse of a wall at the refugee camp, resulting in the tragic demise of the child. The court's examination found that the collapse couldn't be attributed solely to an act of nature, as evidence suggested that the camp's structures were in a state of disrepair and inadequacy.
Justice Swaminathan held the State government accountable for the incident due to its responsibility for the refugee camp's maintenance and safety. The court asserted that by accommodating the petitioner's family and others in the camp, the government assumed an obligation to safeguard their well-being. The legal principle of "res ipsa loquitur" (the thing speaks for itself) was cited, affirming that the victim played no role in the catastrophe.
The court further emphasized the State's duty to furnish refugees with suitable living conditions, including clean water and basic infrastructure, asserting that these aspects were integral to the refugees' well-being. The crux of the case was whether refugees, like the petitioner, possessed fundamental rights. The court referenced previous judgments, including one from the Madras High Court itself, underscoring that Article 21 extends its protective mantle to both citizens and non-citizens.
In the matter of compensation disbursement, the court exercised caution, expressing concerns about the petitioner's potential misuse of the funds. To prevent this, the court directed the State to establish a ₹5 lakh fixed deposit in the victim's mother's name, allowing her to access the funds after a period of three years. The ruling underscored the court's apprehension that funds might inadvertently be misused and directed its focus on the victim's best interest.
Advocates AV Saha and R Alagumani represented the petitioner, Athipathi, who was the father of the victim. Government Advocate NGA Nataraj represented the respondent-State authorities."
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TAGS: Madras High Court compensation Sri Lankan refugee child death wall collapse refugee camp Article 21 Constitution right to life fundamental rights Tamil Nadu government Justice GR Swaminathan Madurai bench act of God structural weakness State government liability safety well-being res ipsa loquitur clean drinking water basic infrastructure reasonable decent accommodation fixed deposit misuse of funds petitioner victim's mother Advocates AV Saha R Alagumani Government Advocate NGA Nataraj.
