High Court
Case Details
PIL 12/2010 B E F O R E HON’BLE MR. JUSTICE A.K.GOEL,THE CHIEF JUSTICE THE HON’BLE MR. JUSTICE A. K. GOSWAMI (A.K.Goel, CJ) This petition was filed in the year 2010 seeking direction to provide adequate r elief measures for protection of inhabitants of North Cachar Hills and also to t he inmates of relief camps where victims of militant activities had taken shelte r. Reliefs sought included providing of G.I. Sheets for reconstruction of houses , monetary relief, text books, ex gratia payment and punishment of the guilty mi litants. Substance of the averments in the writ petition is that North Cachar Hills was p rimarily inhabited by Dimasas and James Naga Tribes apart from other tribes but on account of lack of sufficient development in the area, there was large- scale unemployment and dissatisfaction leading to various militant movements. Between January to May, 2009, about 206 persons lost their lives on account of insurgen cy. Many persons had to take shelter at relief camps with inadequate facilities. Number of persons taking shelter in 30 relief camps was over 11,000 and slowly the people taking shelter in the relief camps were driven out to go back to thei r villages without sufficient amenities. Though relief measures were launched in cluding food, clothing, temporary shelter and other facilities necessary for sur vival but the same were insufficient. The victims expected better deal from a we lfare state, particularly in terms of giving of employment and ex gratia payment s. An affidavit in opposition was filed stating that 45 relief camps were opened wi th more than 21000 inmates but with improvement of situation the number of camps reduced. Efforts were being made to bring about normalcy. That in conclusion, considering the entirety of circumstances and also t Affidavit was also filed by the Chief Secretary to the Govt. of Assam indicating the measures adopted to provide relief to the victims affected by militancy whi ch included basic amenities and steps taken for security, food, provision of tem porary shelter and education of children. The petitioners in rejoinder affidavit claimed as follows :- (cid:28)13. he subsequent developments, the following directions to the respondents are nece ssary : (i) To bring the victims, more particularly who are poor under B.P.L. scheme and to provide them food grains at their door steps. Further, to direct the res pondents to distribute seeds and other essential inputs for cultivation in an af fective manner. (ii) To ensure the distribution of the Rehabilitation Grant immediately to th e victims’ families whose houses were damaged and further to enhance the amount of the said grant and/or to direct the respondents to undertake the construction of houses of the victims through their own agencies. (iii) To direct the respondents to come forward for rescue of minor children w ho have become orphans for the purpose of their education and survival and take suitable measures in this regard. (iv) To provide shelter to orphan ladies under various schemes of the governm ent and to make necessary arrangement for giving them vocational training in var ious ladies oriented activities, such as stretching, knitting and other like tra inings so that they can earn their living and become self employed. (v) To give government jobs and/or employment in various welfare schemes suc h as NAREGA etc. to the dependents of the victims whose near and dear were eithe r died or become disabled. (vi) To direct the respondents to take adequate measures for restoration of t he confidence of the inhabitants of the district by deployment of adequate polic e force and placing of police pickets at the places, which are prone to such vio lence. (vii) ecute them as per law. (cid:29) To bring the culprits responsible for the violence to the books and pros That out of 19.06 lakh families identified by the Govt. of India in the In response to the above, the Deputy Secretary, Revenue filed affidavit stating that following further measures had been adopted : (cid:28)(i) State as living below the poverty line, 7.04 lakhs poorest of the poor BPL famil ies are benefited under the AAY Scheme. They are provided 35 kgs. Of rice per mo nth at Rs.3.00 per kg, upon production of AAY cards at FP Shops. The balance 12. 02 lakhs BPL families are provided 35 kgs. Of rice per month per family at Rs.6. 50 to 7.00 per kg. against BPL cards. Further, in order to broad base the ambit of food security and qualify to be cal led poor to bring uncovered poor families of the lowest strata of APL, a new sch eme called (cid:28)MUKHYO MANTRIR ANNA SURAKSHA YOJANA (cid:29) for economically backward famil ies has been implemented from 2nd October/2010 . Under the scheme a total number of 20 Lakhs economically backward families are benefited. The are provided 20 k gs. Of rice per month at Rs.6.50 to 7.00 per kg. upon production of MMASY Cards. The allotted food grains are lifted from FCI by WCCS in urban area and by the GP SS in Rural areas. The retail agents in Rural areas lift their allotted commodit ies from GPSS and Town FP Shops collect their allotted commodities from WCCS. Th e consumers of different categories collect their allotted commodities from thei r tagged retail agents/FP shops, upon production of their family identity cards. Year Name of the Inputs RKVY (Normal Scheme) Inputs distributed under various schemes year-wise in Dima Hasao District : Name of the Scheme als) RKVY (sub Scheme-Bringing Green revolution in Eastern India (BGREI) 2010-11 (i) HYV (Paddy seeds) (ii) Hybrid Maize 280 166.275 231.25 22 (iii) Black Gram/Green Gram (i) Dhaincha seeds 0 RKVY RKVY (Raid Fed Area) eds (i) Mustard seeds (ii) Potato seeds NEAP Scheme and Disaster Management 45.33 176.16 NEAP Scheme and Disaster Management. TOTAL SEEDS DISTRIBUTED UNDER VARIOUS 2034.0 15 SCHEMES 2011-12 (i) Oil Seeds (Mustard) (ii) Dhaincha se 70 200 20 225 2010-11 (i) Mustard seeds (ii) Paddy Total quantity (in quint 2011-12 (i) Potato 400 Besides seeds, fertilizers like NPK, Zinc Sulphate, Borax, SSP, MOP, micronutrie nts, bio-fertilizers, lime and hand compression sprayers were distributed in Dim a Hasao district from Central Sector Schemes and State Plan schemes and this doe s not include the schemes implemented by the District Council. The local officials distributed the inputs to the farmers maintaining all formal ities for identification of needy farmers. (ii) That regarding distribution of Rehabilitation Grant, Revenue and Disaste r Management Department have provided Rehabilitation Grant @ Rs.10,000/- along w ith 3 bundles of GCI sheets per family to 747 number of families affected in the ethnic clashes between Dimasa and Naga communities in 2009 whose dwelling house
Legal Reasoning
s were gutted by fire. Regarding enhancement of Rehabilitation Grant, it is mentioned that a pr oposal has been received in this Department forwarded by the Deputy Commissioner , Dima Hasao on the prayer made by the Dima Hasao Displaced Families Rehabilitat ion Management Committee for enhancement of the Rehabilitation Grant released ea rlier to them. The mater is under process in the Department. Since Rehabilitation Grant including GCI sheets has already been provide d to the affected families to facilitate construction of houses by their own, th erefore undertaking construction of houses for the victims through Govt. agencie s at this stage does not arise. 1.
Legal Reasoning
(iii) & (iv) : That the Social Welfare Department is running an Orphan Home at Haflong with 27 inmates & Department is taking initiative for the rehabi litation of victims children as per Departmental norms. Assistance under the Nat ional Foundation for Communal Harmony (HFCH) amounting to Rs.4,92,750/- (Rupees four lakhs ninety two thousand seven hundred fifty only) has been paid to 32 chi ldren whose parent were killed in this ethnic violence. Ex-gratia grant of Rs.3 lakhs (Rupees three lakhs only) has been provided to the next of kin of each dec eased who were killed in this ethnic violence. 2. I.C.D.S. Schemes has been implemented in the State of Assam sinc e 1975 which covers the entire plain districts and Six Schedule areas including Dima Hasao district. There are at present 230 Nos. ICDS Project with 58,279 nos. of AWCs presently under operation. The services provided under the scheme are a s indicated below : I. II. Health Check Up. Referral Services Pre-School Education & Nutrition and Health Education. III. IV. V. VI. Supplementary Nutrition Programme. Immunization. 3. Under the ICDS scheme, there are 5 nos. of ICDS project presently under operation in the district of Dima Hasao Autonomous council with 606 Nos. of AWCs . The scheme aims to provide the six services as indicated above to the benefici aries of the age group (6 months to 6 years & pregnant women & lactating mothers ). Funds are made available for implementation of ICDS Project and also implemen tation of supplementary nutrition programme by the Govt. of India as well as Gov t. of Assam. Govt. of India and State Government share fund on the bases of 90 : 10. The budget provision are made to implement all the schemes under Social We lfare Department including ICDS and Supplementary Nutrition Programme by the Hil l Areas Development Department & fund are released accordingly to the autonomous council. That as per norms of MGNREGA, job will be provided to the job card holde (v) r on demand. If the victims who have job card and demand for the job, they are e ntitled to get job under MGNREGA. However, any victim who did not have job card earlier may also apply for job card and be given under MGNREGA. (vi) That adequate measures for restoration of the confidence of the inhabita nts of the district have been taken by deployment of adequate police force. That the Parawise comments of the Superintendent of Police, Dima Hasao District forw arded by the Deputy Inspector General of Police (A) vide his Letter No.LC/PIL No .12/2010/236/85 dated 11.12.2012 is enclosed. (vii) A total number of 29 cases have been registered and 34 persons have been arrested in relation to killing incidents related to the ethnic clashes between Dimasas & Nagas in 2009. Total number of 16 extortion related cases were regist ered in different Police Stations of the Dima Hasao District and 62 persons were arrested in relation to these cases during the period from March to August 2009 . From September, 2009 till date 66 cases relating to extortion have been regist ered and 161 persons have been arrested in relation to these cases. (cid:29) That the humble deponent begs to state that during the period of ethnic A further affidavit is said to have been filed on 06.03.2013, wherein it is stat ed : (cid:28)8. clashes between Nagas and Dimasa in the Dima Hasao district in the year 2009, a total of 22 (Twenty Two) Nos. of Police fixed pickets had been set up at differe nt affected village of both the communities specially under Maibang P.S., Mahur P.S., Haflong P.S. and Harangajao P.S. jurisdiction inlcuidng establishment of 3 (three) temporary B.O.P’s namely (1) Hareliu, Naga populated area under Mahur P .S. bordering Nagaland, (2) Pidik and (3) Bongkhai, Dimasa populated area under Maibang P.S. bordering Nagaland. Besides, the CPMF deployed in the district had also been engaged for area domination duty in the affected Naga and Dimasa villa ge as well as in the inter State border with Nagaland for security of the people of the said district and to avert the evil design of the miscreants. Gradually with the restoration of normalcy, the Police pickets and the temporary BOPs were withdrawn in a phase manner. At present 2(two) Police fixed Pickets at Zion village and Nobdi Daulagupu villa ge under Haflong P.S. and the APBN and ARMY/CPMF deployed in the District are co nducting area domination duty in and around the district for safety and security of the peace loving people of the district and to avoid any untoward incident a s well as to bring confidence among the inhabitants of this district. The police personnel are putting sincere efforts to book the culprits responsibl e for the ethnic violence 2009. (cid:29) We have heard learned counsel for the parties. It appears that the incidents of large scale violence which led to filing of the petition took place in the year 2009 and by now there is a change of situation. Still, miseries of the victims continue though that may not be of the same nat ure and magnitude. The administration may have to conduct monthly review of the situation, having r egard to the ground situation which may now be prevailing. Apart from keeping a vigil and taking appropriate steps for providing adequate security to the citize ns, measures for ensuring hygiene, health and basic amenities of the citizens ma y have to be taken. Though learned counsel for the petitioners invited the attention of this Court t o certain directions issued by the Hon’ble Supreme Court in Kranti vs. Union of India and others, (2007) 6 SCC 744, to deal with the situation of the victims of tsunami (2004) in Andaman and Nicobar Islands, the situation may vary from plac e to place. There can be no dispute with the proposition that measures for provi ding relief to the victims have to be reviewed and taken from time to time. In view of above, we dispose of this petition with the direction that appropriat e confidence building and welfare measures may be taken in the light of monthly review at the level of Commissioner. The petitioners will be at liberty to put f orward their viewpoint which may be duly considered in such review meetings. A copy of this order be given to learned counsel for the State.