The judiciary and disaster response - the case of Jammu & Kashmir

The case involves a public interest lawsuit by Mr. Pathak Masoodi and others against the central government claiming that the government was violating its duties by not taking adequate measures to ensure the immediate rescue, relief and rehabilitation of the affected persons.  While the full lawsuit has not yet been decided, the Court has already issued several “interim orders” concerning how the relief and recovery operation is to be carried out. 

In its interim order of 12 September, the Court considered the arguments by the petitioners that existing rescue operations were inadequate for the size of the disaster, referring in particular to 8 districts gravely affected by the floods. The government representative acknowledged the seriousness of the situation and noted that the Prime Minister was personally coordinating a committee with ultimate responsibility over the operation, and that the Chief of the Army Staff was also monitoring the operations.

The Supreme Court acknowledged the government’s effort but concluded that a “disaster as huge as this deserves national response so that immediate relief is made available to the victims of floods”.  Moreover, the Supreme Court suggested the government to consider the creation of a unified agency for proper co-ordination of rescue, relief and rehabilitation operations, and mentioned what it considers to be the top-most priorities: supply of food, drinking water, medicines, fuel and other essential supplies and the restoration of communication and provision for health-care facilities. Interestingly, it concludes by saying that “[a]fter all, lives of people who are affected by such disaster have to be saved” and calls for a new hearing 3 days after.

On 15 September the Supreme Court considered the disagreement between the parties regarding  the availability of food, medicines, water and fuel for the affected people, and requested the Government to provide more information about this. It also requested a better coordination of the various levels of government to ensure that food, drinking water, medicines and fuel, reach “the last man”. It also invited the government to considered the possibility of granting ex-gratia payments to the affected people as well as coordinate with the banks operating in the affected areas.

Three days later, on 18 September the Court analysed new allegations from the petitioners regarding lack of compliance with its prior orders. In this context, the Supreme Court considered the information provided and said that it was “not necessary to go into the details of the projections made by the State Government [...]      The question is whether the steps that have been taken or are being undertaken for relief and rehabilitation are adequate to meet the requirements of the affected people [since] [a]dequate supply of the above items is essential for survival and sustenance of large number of people. Lack of it directly impinges upon their basic human rights.” Among other issues, the Court focused on sanitation and access to doctors. Regarding the former, it said that lack of sanitation “may be an invitation to epidemic and deserves to be tackled urgently.” Consequently, it took notice of the statement by the government that actions will be taken immediately. Regarding the latter, it established that the different levels of government shall coordinate their action in order to provide an adequate number of doctors and equipment at Jammu & Kashmir at the earliest. To follow the steps taken, it requested a detailed report from the local governments to be considered before the next hearing.

On 24 September the Court considered once again the many reports received by the Government and including the ones from Jammu and Kashmir, related to the steps taken. The tribunal recognized that claims and counterclaims regarding the lack of action and the remaining needs on the one hand, and the actions taken to improve the situation on the other, still existed. Consequently, it considered necessary to ascertain the ground situation in both regions before any further order should be passed by the Court, and thus it established a Committee constituted by members appointed by the Jammu and Kashmir`s judiciary and government, as well as one from the central government, and the High Court Bar Associations at Srinagar and Jammu. This Committee was directed to inspect all the affected areas in the above two regions of the State of Jammu and Kashmir in light of the orders passed by the Court and prepared an interim report to be presented to it.

The matter is still pending, and a new hearing will take place on the 15^th December.