Ref No. VJAS/PIL-HC/Kolam Deaths/175/2007, MAY 4, 2007
PRESS NOTE – URGENT :
PIL ON STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :
HIGH-COURT ORDER TO GIVE B.P.L. CARD, POTABLE WATER, AND HEALTH CARE TO ALL KOLAM TRIBALS FACING STARVATION & MALNUTRITION DEATHS IN YAVATMAL DISTRICT OF VIDARBHA REGION.
Nagpur Bench of Mumbai High Court, after daily sitting of PIL Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region, which is most affected due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District for protection of fundamental rights of Food, Shelter, Education, Health and Drinking Water ordered Govt. of Maharashtra to issue B.P.L. card, food under Anttyodaya Scheme, potable water and health care and asked Petitioner Vidarbha Jan Andolan Samiti President Kishore Tiwari, to visit all Kolam pods and update progress made by the Govt. in this regard and asked A.G.P. to take all urgent steps to comply in removing tribal hardships reported by petitioner, with out consulting the Hon High Court.
Serious lapses and non compliance of state govt. should be brought before notice of the high court in the vacation too. Here is the text of the order.
TEXT OF ORDER Hon. High Court's Order:
---- QUOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY -
APPELLATE SIDE
Writ Petition No. 535 of 2006
CORAM: A.H.JOSHI AND R.C.CHAVAN , JJ DATED: 27.04.2007
1. Learned AGP Mrs. Bharti Dangre makes a statement that she has been able to undertake exercise, of doing the analysis of the tabulated statement furnished by the Learned Advocate Mr. F.T. Mirza for the petitioners.
2. Learned AGP further states that the management for providing Potable water by tankers to villages are already in existence.
3. Learned Advocate Mr. F.T. Mirza states that the petitioner states that the petitioner has positive information that the tankers really do not reach majority of the villages.
4. Learned AGP submits that the petitioner or his Advocate may visit various villages and shall furnish their observations on facts as may be seen , through the Assistant Government Pleader, and if any deficiency is found, it shall be quickly responded even without waiting for the orders of the Court.
5. Learned Advocate for the petitioner states that the petitioner shall visit various villages and based on fact as would be found shall issue necessary communication to the learned AGP. We leave it to the petitioner after waiting for a week if adequate compliance is not done, petitioner may move to the Vacation Judge for appropriate orders if emergency is in existence.
6. In so far as providing facilities to the tribals and primitive tribals living below poverty line or Antodayas classification is concerned, learned AGP has made a statement that the survey is completed, however, list is not complete since the scrutiny of objections.
7. We direct that scrutiny of objections as to be tribals and primitive tribals be taken and disposed off with priority and rather first in order and be completed most expeditiously. A report of progress be furnished within three weeks on affidavit.
8. We hope and expect the learned AGP shall communicate the expectation of this Court to the Government and to take up the matter with top priority.
9. The petition be listed on board for further orders if necessary on 15.6.2007
10. Steno copy of this order be supplied to the learned Advocates on payment of necessary charges as per rule.
JUDGE JUDGE
---- UNQUOTE
Earlier taking very serious view on continual apathy of administration, asked PIL Petitioner kishore tiwari to add Central Government concerned officials as respondents and ordered the State Government to direct Amravati Divisional Commissioner to submit details of action taken reports by Wednesday 25 th April as Hon. High Court has decided, to hold urgent daily hearing in the matter of PIL filed, asking High Court to save dying Kolam Tribal community, due to apathy of govt.
The Division Bench of the High Court at Nagpur, consisting of Justice Shri Ambadas H. Joshi and Justice Shri R.C. Chavan while hearing the Public Interest Writ Petition filed by Vidarbha JanAndolan Samiti President Shri Kishore Tiwari in the matter of infringement of fundamental rights to Live & Life of the poor tribal families in the Tribal Belt of Yavatmal District,
Last month too, High court ordered Petitioner Vidarbha Jan Andolan Samiti President Shri Kishore Tiwari & all concerned officials of the State Government to implement the Action Taken Report on the Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region, which is most affected due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District for protection of fundamental rights of Food, Shelter, Education, Health and Drinking Water to be made available to the tribals.
The tribal families who all are deprived of basic means of life such as food, shelter, education, health & drinking water due to the apathy of the State Government in implementation the various welfare schemes, even after the report from the High Power Committee appointed by the High Court in the PIL.
It may be recalled that the PIL Writ Petition was filed way back in May 2003 when the 52 Kolam Tribals died of starvation in Yavatmal District. The Hon. High Court Division Bench at Nagpur, had appointed various committees from time to time during the period of last 3 ½ years and finally had directed the State Government to submit Action Taken Report.
Petitioner Kishor Tiwari has decided to visit all 700 kolam pods and will submit video recorded report of progress on high-court various orders and pathetic condition kolam tribals in vidarbha.
from : Vidarbha JanAndolan Samiti
Friday, May 4, 2007
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