Kerala High Court Directs State To Provide Basic Amenities To Flood-Affected Tribal Families In Nilambur Villages

The Kerala High Court on Monday directed the State authorities to provide basic facilities such as food, drinking water and medical treatment to the tribal families in Pothugal, Vazhikadavu, and Karulai villages in Nilambur Taluk.

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the order in a plea filed by the former Chairperson of Nilambur Municipality, Aryadan Shouketh, and a social worker residing in Vaniyampuzha colony in Pothugal Grama Panchayat.

The plea alleges "grave human rights violation and injustice" faced by the tribal communities in the aforementioned villages.

The petitioners submit that around 300 tribal families residing on the banks of Chaliyar and Punnapuzha rivers were detrimentally affected by the devastating floods in 2018 and 2019. It is claimed that their houses have become uninhabitable and they have lost accessibility to the main land, and in turn basic facilities like hospital, ration shop, schools, etc., due to a broken bridge.

It is averred that such tribal families have been forced to seek refuge in deep forest, living in temporary sheds covered with plastic sheets, and facing constant threats from wild animals and natural calamities, with children seeking shelter on tree branches at night to avoid the risk of animal attacks.

The petitioners state that during rainy season, crossing the rivers becomes practically impossible, hindering the access to schools for children, medical care, and procurement of essential goods to meet their basic needs. 

"These tribal families are facing starvation, lack of drinking water, lack of shelter, lack of education center for the tribal children and also lacking sufficient health center/hospitalto attend their medical needs. The disruption of bridges and houses has resulted in significant challenges for the residents of these colonies," the plea further state.

The petitioners allege that despite the collection of significant funds under the 'rebuild Kerala' initiative by the State Government and the receipt of substantial central aid for tribal assistance, the funds have not reached the tribal communities residing in the three Panchayats.

The petitioners state that their request to the State authorities to intervene and address the urgent needs of the tribal communities have fallen on 'deaf ears'. 

"The lethargic attitude of the government and its officials has only exacerbated the suffering of these tribal families. Despite the availability of funds from the Chief Ministers Disasters Redressal Relief Fund and the assistance provided by the central government, the reconstruction and rehabilitation projects have been caught in bureaucratic red tape. The delay in preparing the beneficiary list and the lack of progress in rebuilding essential infrastructure, such as the Iruttukuthy Bridge and the Punchakolli Bridge, are deeply distressing," the plea adds. 

The petitioners aver that the provision of land to the tribal families under the Forest Right Act, 1999, ought to be expedited, providing them with security and the means to rebuild their lives, and that the funds allocated for tribal development also ought to reach the intended beneficiaries. The petitioners further state that the Central Government's assistance under various schemes, including the Particularly Vulnerable Tribal Groups (PVTG) development plan, ought to be utilized effectively to address the unique challenges faced by these tribal communities in Kerala.

The petitioners have thus approached the High Court for the issuance of a direction to the Kerala Legal Services Authority, which is acting as Tribal monitoring committee, to conduct an inspection of the tribal colonies in Pothugal Grama Panchayat, Vazhikadavu Grama Panchayat and Karulai Grama Panchayath in Nilambur Taluk tribal and report the conditions of living of the tribal families therein.

The petitioners also seek the issuance of directions to the authorities to take speedy and effective steps to rebuild the bridges, reconstruct/rebuild/make the buildings of the tribal families hospitable, and ensure that the tribal children are able to access education without any hindrance. The plea further seeks that since the tribals are unable to access the ration shop, sufficient ration articles and other provision items ought to be distributed at their hamlets.

Court has asked Government pleader to seek instructions in the matter and has posted the case for hearing on August 8.

The plea has been moved through Advocates Peeyus A. Kottam, Hrithwik D. Namboothiri, and Ragesh Chand R.G. 

Case Title: Aryadan Shouketh & Anr. v. Union of India & Ors. 

Case Number: WP(C) NO. 24828 OF 2023

Click Here To Read/Download The Order