Gauhati HC orders Assam to provide basic facilities to evicted families in Goalpara

The Gauhati High Court on Wednesday directed the administration in Assam’s Goalpara district to provide drinking water, sanitation facilities and basic medical services to hundreds of families living in temporary camps after they were evicted from their homes in June.

The administration was also ordered to ensure that the families are able to avail benefits under the 2013 National Food Security Act, which is aimed at providing subsidised food grains.

A bench of Justice Devashis Baruah passed the order on a joint petition filed by 60 persons alleging that the evictions, carried out in the district’s Hashila Beel area between June 16 and June 18 on the grounds that the land is part of a wetland, violated the law as clarified by the Supreme Court in several judgements.

Starting June 16, the authorities had demolished homes of 690 families in Hashila Beel near Goalpara town. The families had told Scroll that many of them were living in the area before it was declared a wetland.

Following the evictions, more than 500 families had taken refuge on a small plot and had not been provided potable water, sanitation facilities, food or medical care, the petitioner alleged, adding that the situation had led to deaths.

Z Khalid, the counsel representing the petitioners, contended that considering the poor conditions the families were living in, a welfare state should provide basic facilities such as potable water, food, sanitation and medical care.

Khalid argued that the Supreme Court had, in several cases, held that the right to potable water, basic medical care and sanitation are attributes of the right to life.

The petitioners also argued that while they have ration cards, they have not been able to avail benefits under the 2013 National Food Security Act, because the fair price shops there had not been supplied adequate food grains.

Advocate D Nath, representing the district administration, submitted that there was no shortage of food supplies in the fair price shops. If the petitioners have ration cards, they would be able to avail the benefits from the shops, Nath contended.

The counsel added that the camps where the families were living are not located on government land and he will have to seek instructions about how individuals living on a plot belonging to other persons could be provided with sanitation facilities there.

The court ordered the administration to explore solutions to set up temporary sanitation facilities.

The administration was also directed to ensure that the fair price shops had adequate food grains and that a primary healthcare centre is situated in the area where the families are living.

The government departments were asked to file affidavits by March 9, stating their position in the matter.

The court said that other directions sought by the petitioners, such as the setting up of a judicial inquiry into the eviction drive, would be considered after affidavits are filed by government departments.

Also read:

• Assam: Evicted residents claim government had helped them settle in disputed area in 1970s
• Behind wave of Assam evictions, a hungry river, and a land policy loaded against Miya Muslims