The Madurai Bench of the Madras High Court issued a significant ruling on Monday, emphasizing the rights of refugees and their entitlement to compensation. Justice GR Swaminathan ordered the payment of Rs 5 lakh compensation to the mother of an 11-year-old refugee girl who tragically died in a wall collapse at the Thiruvathavur refugee camp in Melur, Madurai, in 2014. The court also advocated for the recognition of refugees' right to work without restrictions.
The court's ruling underscores that refugees also have a "right to life," and the state government should protect that right. The case revolved around a petition filed by the girl's father, Athipathi, seeking compensation for the death of his daughter, Saranya, who was caught under debris when a sidewall of their house collapsed due to heavy rainfall.
Justice Swaminathan noted that the house was constructed by the government in 1995, and despite a proposal submitted in 2012 by the Madurai collector for funds to enhance infrastructure in the camp, the tragedy occurred before funds could be allocated. In his ruling, the judge directed the government to pay Rs 5 lakh compensation with interest within three months. To ensure responsible use of the compensation, the judge instructed the government to create a fixed deposit in the name of the petitioner's wife for three years, allowing her to withdraw interest every two months during that period.
The court's decision highlighted that refugees deserve decent accommodation with essential infrastructure, access to fundamental amenities such as sanitation, healthcare, and clean drinking water, and the right to work without restrictions. The judge emphasized that housing refugees in camps comes with the obligation for the government to ensure their safety and well-being.
Drawing on the principles of the 'Right to life' enshrined in Article 21 of the Constitution, the court emphasized that even non-citizens are entitled to protection of their lives and the right to live with human dignity. The ruling recognized that refugees, who have been living in camps for decades, should be allowed to pursue their avocations and earn their living without undue restrictions.
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