Take Steps To Ensure Education For Tribal Children, Medical Facilities For Their Families In Nilambur Taluk: Kerala High Court To State

The Kerala High Court on Thursday directed the State to come out with steps to ensure that education of tribal children and medical facilities for tribal families in Pothugal, Vazhikadavu, and Karulai villages in Nilambur Taluk are not hindered.

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun was considering the plea filed by the former Chairperson of Nilambur Municipality, Aryadan Shouketh, and a social worker residing in Vaniyampuzha colony in Pothugal Grama Panchayat, alleging "grave human rights violation and injustice" faced by the tribal communities in the aforementioned villages.

The Court orally remarked:

"Our immediate priority at present is regarding the reconstruction of the bridge, ensuring that the education of children is not suffered, provision of medical facilities, and toilet facilities. For medical facilities, they have to cross the river...pregnant ladies find it impossible to do so for hospitalization, and so on". 

The petitioners' case is 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/hospital to attend their medical needs. The disruption of bridges and houses has resulted in significant challenges for the residents of these colonies," the plea further states. 

The Court was informed today by the counsel appearing on behalf of the State that although the Government had suggested alternative houses for accommodation, the tribal families were unwilling to move from their localities.

The Court thus opined that the main aspect for consideration herein is regarding the availability of basic facilities to tribal families and education to their children. It directed the State Attorney to get instructions on whether a boat could be made available for use by the tribals during specific times.

"We will consider other requests. At present, we are concerned with education of children, medical facilities," the Court said. 

The Court has thus asked the State to file its response, and posted the matter for further consideration on August 17.

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