The Madras High Court has made a significant observation that a woman's dignity is intrinsically linked to her right to shelter. The court ordered the restoration of a house belonging to a woman that was illegally demolished by three individuals in Madurai district.
Case Background
The court was hearing a petition filed by V Malar, a single woman who works as an agricultural laborer. She claimed to have purchased property in Kovilangulam village in Usilampatti taluk. According to the petitioner, Jason Tamil Selvan, owner of the adjacent land, encroached on her property. His associates, including Baskarapandiyan and one Billgates, demolished her dwelling, rendering her homeless. Consequently, the petitioner approached the court seeking an inquiry into the matter.
State's Submission
The state submitted that proceedings were initiated pursuant to an order of the High Court in a petition filed by Selvan seeking police protection for a survey of his land. Police facilitated the survey through the taluk surveyor. Based on the survey report, Selvan claimed that the petitioner's structure stood on his land. The state argued that police acted only to the extent of facilitating the survey and did not directly participate in the demolition.
Court's Observations
Justice L Victoria Gowri observed that a home is not merely a structure of bricks and mortar; it is the last refuge of dignity, especially for a woman standing alone against the tides of vulnerability. When such a refuge is razed not by the majesty of law but by the might of men emboldened by influence, it is not merely a civil wrong; it is a constitutional wound. The state, as the sentinel of rights, cannot remain a mute spectator when the weakest citizen is dispossessed without due process.
The judge noted that the conduct of Jason Tamil Selvan and his associates in demolishing the petitioner's house was wholly illegal. More alarming was the role, or rather the absence of role, played by the police. When a dispute was brought to their notice and when the petitioner had already expressed apprehension, the police were duty-bound to prevent breach of peace and protect possession. Instead, the sequence of events indicates that the police remained passive spectators while the petitioner's house was demolished. Such inaction is not a mere lapse; it is a failure of constitutional duty.
Court's Directions
The judge directed the three men to immediately restore the demolished structure and pay compensation of 50,000 each for the mental agony suffered by the petitioner. The judge also directed the Madurai district collector to provide necessary protection and assistance to the petitioner for reconstruction of her house. Taking into account that an FIR was registered against the three men and others, the judge directed the police to conclude the investigation as expeditiously as possible.
