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Synopsis

Bombay High Court has recently taken suo motu cognizance of a letter written by Tribals of Gadchiroli over the issue of lack of facilities being provided to them during rainy seasons.

The tribals addressed a letter to the court after getting assistance from PATH foundation, alleging that their fundamental rights are being violated. 

Court was told that the tribals residing in remote and isolated villages such as Vengnur, Surgaon, Adangepalli, Padkotola following within Vengnur District Gadchiroli were surrounded by dense forest and situated near the water of Dina River Project.

"In the rainy season, water of Dina Dam Kannamwar Reservoir surrounds these villages from all sides. With the result, these villages remain completely cut-off from the rest of the World for at least five months continuously...", the Nagpur bench was further informed.

A division bench of Justice Sunil B Shukre and Justice Govind Sanap also noted that the lack of "facilities to the villagers for almost half of the year leads to serious violation of fundamental rights of the villagers who are all tribals."

In their letter addressing the Nagpur Bench, the tribals highlighted issues like non availability of electricity, water, essential medical services, educational facilities.

Court while taking cognizance of these issued noted that these problems take a serious turn during the period of five months and all these facilities are almost non-existent for the tribal villagers. 

Advocate Bodhi Ramteke, Advocate Vaishnav Ingole, and Advocate Deepak Chatap of PATH told LawBeat that they inspected the problems after visiting the villages. Ramteke said that they conducted series of meetings with the tribals and prepared a letter signed by the villagers and sent it to the High Court.

Court was also informed that villagers during this period of difficult time can only access the outer world through boats, which ride is itself fraught with danger and risk. 

Furthermore, the bench took note of the fact that neither any boat nor any boatman had been made available to the villagers by the State and its authorities.

Accordingly, notice has been issued to the State Government through the Chief Secretary, State of Maharashtra, Principal Secretary, Ministry of Revenue and Forest, Home Secretary, Principal Secretary of Public Health Department Social Tribal Welfare Department, Public Works Department, and Director of Health Services, Nagpur, the District Collector, Gadchiroli and Superintendent of Police Gadchiroli, returnable in eight weeks.

Also, the court has appointed Advocate Renuka Sirpurkar as Amicus Curiea and Advocate I Haq to assist her.

Case Title: Court’s on its own motion vs. Union of India, Ministry of Health, through its Secretary, New Delhi and others