In a suo moto PIL, the Gauhati High Court has sought a report from the Assam government about the number of temporary shelter camps where people displaced due to eviction drives have been housed. The bench of Chief Justice Sandeep Mehta and Justice Mridul Kumar Kalita has sought the gender-wise distribution and the number of children housed in these camps as well.
Senior Advocate, B.D. Konwar has been assigned as amicus curiae in the matter and he is assisted by Advocate VV Thanyu. Konwar has been directed by the court to inspect the site of the temporary shelter at Changmaji Gaon,Mouza- Jamunamukh, Sub-Division- Daboka, District-Hojai. After visiting the site, Konwar submitted a report to the court that there is a lack of a proper drinking water facility in the camp. Konwar described the condition of the camps as “worse than a cowshed”.
The court has thus directed that potable water supply be started in the shelter camps immediately and directed that other issues in the report be also addressed.
“The most unfortunate part is, see the list, all people from one community. How long can you keep people like cattle in temporary shelters built of tarpaulin? Just think of your own child living (in these), can you even imagine?”, asked CJ Mehta as reported by Bar and Bench.
The court acknowledged the need to vacate encroached forest lands but at the same time told the government to have rehabilitation plans in place beforehand. “You cannot be inhuman in these matters. This is inhumanity of the highest order. This is about human misery, have to be sensitive about it,” CJ Mehta added.
When the issue of lack of clean drinking water was raised in court, the counsel for the state, Senior Advocate D Nath said that there were provisions to get medical treatment in case of illnesses.
The next date of hearing is May 8 when the state government’s detailed response to the report.
The Gauhati High Court order may be read here:
Rehabilitation after eviction
The need for rehabilitation after an eviction drive has been stressed upon by courts over and over again. In the past year, incidents of anti-encroachment drives or eviction drives have increased leaving many from the marginalised communities, homeless and displaced. In February, the Bombay High Court (in Writ petition (L) No. 3572 of 2023; order dated February 8, 2023) expressed its dismay over the manner in which the Railways dispensed with the factor of rehabilitation after demolition of unauthorised structures, despite Supreme Court directions.
In Utran Se Besthan Railway Jhopadpatti Vikas Mandal Vs. GOI (SLP (c) Diary No 19714/2021), the Supreme Court in its order dated December 16, 2021 had given it strong opinion on Railways evading rehabilitation for illegal occupants of Railway land.
The Gauhati High Court bench of Justices A. M. Bujor Barua and R. Phukan, on January 24, directed the state government of Assam to resettle the families who were rendered homeless in the eviction drive conducted at Dhalpur, in the Darrang District of Assam. This order came in a PIL filed by Leader of Opposition of Assam Assembly, Debabrata Saikia seeking compensation for those evicted.
Related:
Even “encroachers” need to be rehabilitated says Courts
Bombay HC seeks policy on old settlements for protected monuments; stays evictions at Vishalgarh
Evictions are at an all-time high as bulldozers gain momentum in the country