INDIA COMMUNITY DEVELOPMENT ACTIONS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is filed in public interest by a Society registered under the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and having Registration No. ER 508/93. According to the petitioner, it is engaged in social activities, it aims at wholistic growth and development of the society and works for the upliftment of the poor and downtrodden sections of the society. Moved by Exts. P - 1 to P - 4 reports which appeared in the newspapers regarding alleged 'starvation death', petitioner filed the Original Petition. It is submitted by the petitioner that the reports indicate a grim picture of poverty and death in several parts of the State and in particular the lower strata of the society. It is the case of the petitioner that "no concrete action is initiated or carried out by the respondents Government to investigate and identify the persons who have died out of starvation and the place where starvation has hit the common man and find out and eliminate the reasons therefor". The inaction of the respondents and the resultant calamities are a serious in road into the fundamental rights of the citizens of this country. Being a welfare State, the respondents ought to have taken care of the welfare of the citizens and it is for the State to ensure that its citizens do get food, shelter, health and hygiene. It is also the paramount duty of the State to ensure decent standard of life to all the citizens of the country which is a mandate under Art.21 and 47 of the Constitution of India. Hence the petitioner prayed for the following reliefs:

(2.) The petitioner has a further case that voluntary organisations like the Peoples Council for Social Justice, the Indian Association of Lawyers, the Kerala High Court Advocates' Association, the Samatha Law Society etc. should be directed to take up such causes and get themselves involved in appropriate remedial action.

(3.) When the Original Petition came up for admission on 13th November 2000, we directed the learned Government Pleader to file a statement in the matter. Accordingly a statement dated 27th November 2000 signed by Sri C. K. Viswanathan, Additional Secretary to Government, Revenue Department and as settled by the Government Pleader was filed. Government maintains the stand that it has already taken steps by issuing appropriate instructions to the District Collectors to take up various relief measures and also to grant assistance from the Calamity Relief Fund to those who might be affected due to floods, sea - erosion and other natural calamities. According to Government, "There are standing instructions to all District Collectors to supply free ration for one week at their discretion to all eligible families who are victims of mishap and get it ratified thereafter. On the basis of the reports received from District Collectors, Government also consider the issuance of free ration to those who are badly affected by natural calamities, especially the people living below poverty line and Scheduled Castes and Scheduled Tribes".