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The petitioner sought the court's intervention to compel the state government to establish comprehensive guidelines for evacuees, ensuring that they receive all necessary facilities, including education
In a petition raising concerns regarding indiscriminate evictions of families from the banks of the Cooum River in Chennai, the Madras High Court has directed the state government to ensure that those who are being resettled are provided access to education in the schools either run by the government, local authority or even private institutions.
"Under the Right of Children to Free and Compulsory Education Act, 2009, primary education is a fundamental right. It is the duty of the government to provide for basic primary education...The government shall abide by the provisions of the Act of 2009 even in case of families which are resettled and rehabilitated after being evicted", ordered a division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy.
This order was passed in a a petition filed by Vanesa Peter, the managing trustee of the Information and Resource Centre for the Deprived Urban Communities (IRCDUC).
The petitioner raised concerns regarding indiscriminate evictions without the provision of essential amenities for the evacuees. Moreover, she highlighted the lack of educational opportunities and facilities for the children from the evacuated and resettled families.
The petitioner sought the court's intervention to compel the government to establish comprehensive guidelines for evacuees, ensuring that they receive all necessary facilities, including education. Additionally, the petitioner requested that evacuations should be halted if the relevant laws and regulations were not being adhered to.
During the court proceedings, the court was informed that approximately 14,257 families had encroached upon the banks of the Cooum River in Chennai. Out of this total, 13,514 families have already been evacuated and resettled, with plans to evacuate the remaining 743 families in the near future.
"The schemes are in place. The schemes are laudable. The authorities have to oversee that the schemes are implemented in a proper manner. No doubt, while resettlement, better facilities are provided as per the guidelines. The same shall be implemented in its true letter and spirit," court stated in the order dated October 16, 2023.
Case Title: Information and Resource Centre for the Deprived Urban Communities (IRCDUC) v. The Government of Tamilnadu and Others
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