Tamil Nadu SHRC Asks Authorities To Provide Basic Amenities To Village With No Electricity For Over 4 Decades

Tamil Nadu State Human Rights Commission (SHRC) recently asked the government authorities to provide basic amenities to the residents of Thirupanipuram, observing that the villagers have been denied potable drinking water and electricity connection for the past several years.

The Commission said the constitutional right to access to clean drinking water can be drawn from the right to food, the right to clean environment and the right to health, all of which have been protected under the broad heading of the right to life, guaranteed under Article 21 of the Constitution

It is believed that basic human rights cannot be attained or guaranteed without also guaranteeing access to basic clean water. In addition to Article 21, Article 39 (b) mandates that 'the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to sub serve the common good, the commission noted.

The villagers, who stated that they do organic farming in their patta land and also pay property tax for the land occupied by them, in a complaint filed last year before the SHRC accused the forest department of preventing them from getting basic amenities.

In 1979, they sought electricity connection for their agricultural pump sets and houses. The Tamil Nadu Generation and Distribution Corporation (TANGEDCO) in 1990 agreed to provide the power supply. The villagers were asked to procure electric motors, and the Electricity Board supplied electric posts. However, according to the complaint, they were not allowed to be fixed by the Forest Department because of which there has been no electricity connection for the past 41 years.

The petitioners also submitted that they are also being denied piped water. Though they were permitted to use the water from Tamirabharani river by paying an appropriate fee, this was also later prevented by the forest department, the SHRC was told. The petitioner villagers also alleged that they were being prevented from taking any yields from the forests. They also accused the forest department of preventing them from "maintaining their houses".

The District Forest Officer of Tirunelveli informed the SHRC that the area falls within the forest area of Kalakkadu Mundanthurai Tiger Reserve core area and therefore prior permission had to be obtained. However, the SHRC was told no person had approached him for the permission. It was also informed that a proposal had been sent to the Central Government to declare the whole area as a Critical Wildlife Habitat and thus, no rights could be given to the people who were living in the Tiger Reserve.

The authorities also alleged that villagers of Thirupanipuram are taking tourists into the areas, claiming them to be their relatives. 

Superintending Engineer of Tirunelveli Distribution Circle told the SHRC that 14 beneficiaries of the village had been granted solar lights. "That 14 posts have already been fixed while the balance six posts cannot be fixed as the forest department did not permit them to do so," the officer submitted.

Deputy Collector of Cheranmahadevi also submitted that around 26 families are paying taxes out of which 7 families are permanently staying while the balance 19 families are doing agriculture in their lands and are staying in nearby villages. The 19 families are not able to live in the village because there are no basic facilities, the SHRC was told.

The SHRC observed that various departments needed to come to a combined plan of action to address the concerns of these families, who are patta land holders and pay property tax.

This commission is concerned that the Government Staff have to be reminded that their first responsibility is to the citizens of this country in the area in which they are posted. In instances like this when the interest of the people is being curtailed because there is no clarity among the departments, this Commission strongly condemns the indifference and lackadaisical manner in which the matter has been dealt with.  

Observing that drinking water and electricity was the indefeasible right of the petitioners which had been denied for several years, the commission made following recommendations:

• The Petitioner and villagers have to apply individually to the concerned authorities and the various departments, such as the TANGEDGO to get the relief they are entitled to. 
• The 1st Respondent [District Forest Officer]or its subordinate officials or field officers should not interfere into the day to day affairs of the Petitioner and villagers and should not restrain them from transporting their agricultural and household requirements and other requirements and insist them to obtain permission. 
• The Government of Tamil Nadu has to strictly monitor the above time frame and any violation should warrant disciplinary action against the concerned officials.

Case Title: S Vasanthi and Villagers v. The District Forest Officer and others

Click here to read/download the judgment