HC orders Assam to provide basic facilities to evicted families in Goalpara
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The Gauhati High Court on Wednesday directed the Assam administration in Goalpara district to provide drinking water, sanitation facilities and basic medical services to hundreds of families living in temporary camps following their eviction in June.
The court also ordered the administration to ensure that the families can avail benefits under the National Food Security Act, 2013, which provides subsidised food grains.
A bench of Justice Devashis Baruah passed the order while hearing a joint petition filed by 60 persons. The petitioners alleged that the eviction drive carried out between June 16 and June 18 in the Hashila Beel area of Goalpara district violated the law as clarified by the Supreme Court in several judgments. The authorities had demolished the homes of 690 families, claiming the land formed part of a notified wetland. Residents had earlier said many of them were living there before the area was declared a wetland.
According to the petition, more than 500 families have since taken shelter on a small plot of land and were not provided potable water, sanitation facilities, food or medical care, leading to severe hardship and alleged deaths.
Appearing for the petitioners, counsel Z Khalid argued that given the dire living conditions, the state, as a welfare government, is obligated to provide essential facilities such as potable water, food, sanitation and medical care. He further submitted that the Supreme Court has repeatedly held that access to drinking water, basic healthcare and sanitation are integral to the right to life.
The petitioners also stated that although they possess ration cards, they have been unable to access benefits under the 2013 Act because fair price shops had allegedly not been supplied with adequate food grains.
Representing the district administration, advocate D Nath contended that there was no shortage of food supplies at fair price shops and that ration card holders could access their entitlements. He added that the temporary camps are not situated on government land and said he would need to seek instructions on how sanitation facilities could be provided on privately owned land.
The court directed the administration to explore solutions for setting up temporary sanitation facilities. It also ordered that fair price shops be adequately stocked and that a primary healthcare centre be made available in the area where the families are currently residing.
Government departments were directed to file affidavits by March 9 outlining their position in the matter.
The bench said that other reliefs sought by the petitioners, including a judicial inquiry into the eviction drive, would be considered after the affidavits are submitted.
