Madras High Court reminds Tamil Nadu to pay kin of dead

Chennai: The Madras high court has said the payment of compensation to families of the deceased involved in manual scavenging is an issue that certainly needs the attention of the State government, as otherwise it would require to pronounce on the same judicially.

 A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice R.Mahadevan was passing further interim orders on a PIL from Change India by its director A.Narayanan, which sought a direction to the authorities to prevent manual scavenging and to award compensation to the families of the deceased involved in manual scavenging.

 In its order, the court said the Additional advocate-general stated the State government has filed review petition before the Supreme Court, which was likely to be listed shortly.

The petitioner, appearing in person, expressed anguish that in the issue of social justice, the State government has taken such a disruptive approach of denying the benefits to persons who have suffered on account of the practice prevalent of manual scavenging. He has rightly pointed out that the issue was one of compensation to be paid by government and if private parties were responsible, recovery can always be made by State government. He submitted that on the one hand, there were various freebies and on the other hand, due benefits were not being extended to the class which requires such benefits, in the form of compensation, the bench added.

 The Bench said, "We can only say, this is an issue which certainly needs the attention of the state government as otherwise, we would be required to pronounce on the same judicially, there being no doubt about the legal position as on date, unless the State government succeeds in its endeavour of review".

 The bench said the petitioner also pointed out that as per the latest progress report dated August 16 the state government claims that families of 41 people were still untraced. He rightly pointed out it was the duty of the State government to trace these people and the Home department can always be involved in this process.

The situation ought not to come such a pass where to locate such persons, the petitioner has to file a habeas corpus petition.

"We also make it clear that the impending local body elections should in no manner whatsoever affect the task to be performed in this behalf as that excuse is not acceptable to us", the bench added. Posting the matter for October 7 for further hearing, the judges said

the Additional advocate-general has recently taken over charge and requested for some time to examine this matter and advise
the State government properly.