In a landmark judgment rooted in ancient Indian jurisprudence, the Madras High Court has directed the Union government to formulate a comprehensive policy to provide legal assistance to Indian citizens facing legal battles outside the country. The ruling invokes the timeless doctrine of Rajadharma – the sovereign's duty to protect its subjects.
Ancient Wisdom Guides Modern Legal Mandate
Justice G R Swaminathan delivered the significant order on Thursday while hearing the plea of A Malarvizhi from Virudhunagar district. Her husband, who was employed in Cameroon, Central Africa, passed away in 2021. Despite an initial agreement from his company to provide compensation for family support, the commitment was not honored, prompting the widow to seek the court's intervention in 2022.
Faced with the absence of a specific legislative framework, Justice Swaminathan turned to India's rich philosophical heritage. "If Latin maxims can be quoted and judgments can rest on them, one need not shy away from citing our own heritage and sources which can be in Sanskrit or Tamil or any Indian language," the judge observed.
The Doctrine of Rajadharma: King's Duty is Government's Duty
The judgment extensively referenced texts like the Mahabharata, Manusmriti, Arthashastra, and Buddhist literature to establish the government's constitutional obligation. Citing Kautilya's Arthashastra, the court noted the principle that "in the happiness of his subjects lies the king's happiness; in their welfare his welfare." Similarly, it recalled Manu's decree that the king's highest duty is to protect his subjects.
"We need to substitute the expression 'government' for the word 'king'," Justice Swaminathan stated, applying the ancient sovereign obligation to the modern Indian state. He concluded that this duty extends beyond territorial borders.
A Directive for Proactive Governance
The court explicitly stated that the Government of India has a constitutional duty to provide legal aid to citizens both within and outside India. "The absence of a legislative framework need not come in the way of arriving at such an inference," the judge asserted, interpreting the Constitution's preamble and provisions in light of Rajadharma.
Consequently, the High Court has directed the Centre to develop a feasible and comprehensive policy framework to operationalize this duty. The order highlights the urgent need for such a mechanism, emphasizing the petitioner's plight as a poor widow with a young child, whose survival is at stake.
Beyond Policy: Immediate Steps for Grievance Redressal
Justice Swaminathan did not limit the order to future policy but also outlined immediate actions expected from the government in the specific case. He instructed the Centre to play a proactive role, which could include taking up the matter with the highest levels of the Cameroonian government, issuing legal notices, enhancing mediation efforts, and if necessary, waging a formal legal battle.
"It is for the Centre to explore every possible avenue to secure redress for the petitioner expeditiously," the judge directed before disposing of the petition. This ruling sets a crucial precedent for the protection of millions of Indian nationals working and residing abroad, placing the onus on the state to be their legal guardian in foreign lands.
