The Madras High Court held that the government shall abide by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 even in case of families which are resettled and rehabilitated after being evicted.
The Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy disposed of a Public Interest Litigation (PIL) seeking direction to the respondents not to carry out arbitrary evictions without adhering to the due process as mandated by laws and policies and also to strictly implement and adhere to the guidelines, principles and policies of the government post eviction and resettlement locality.
R. Munuswamy, counsel for the petitioner submitted that in an indiscriminate manner evictions are carried out without providing for the basic amenities. According to counsel, primary education is now a fundamental right. Those persons who are evicted and sought to be rehabilitated at a distant place are not provided with educational opportunities and facilities. The government is required to frame proper guidelines in that regard.
According to the State Government Pleader, in the present case, the persons were residing on the banks of the Cooum River. They had encroached along the banks of Cooum River. Resettlement and Rehabilitation of some families was carried out.
About 14257 slum families have encroached upon the banks of the Cooum River in the precincts of the Greater Chennai Corporation. So far, 13514 slum families from the banks of Cooum River have been resettled in TNSCB tenements and the remaining 743 families will also be resettled and rehabilitated with all the benefits and amenities.
State Government Pleader further submitted that those slum families that were rehabilitated were provided all the free basic amenities. They were provided free transportation from where they lived to TNSCB tenements and were provided food and water for three days as a part of resettlement. During shifting, special camps were conducted by Education Department to issue transfer certificate for admission in the schools at resettled sites. Medical camps were conducted during every shifting process. Even special arrangements were made to transfer Voter ID and Family Card (Rational Card) to the resettled place.
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 , the Court said.
“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. Those who are being resettled are required to be provided access to education in the schools either run by the government, local authority or even private institutions. 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”, the order read.