While making a strong observation that Van Gujjars families are forced to live in open tents, in an open field, under the open sky, the Uttarakhand High Court just recently on May 25, 2021 in a brief, balanced, brilliant and bold judgment titled Think Act Rise Foundation Through Arjun Kasana vs State of Uttarakhand and others in Writ Petition (PIL) No. 140 of 2019 with WPPIL No. 6 of 2012, WPMS No. 2603 of 2019, WPPIL No. 79 of 2020 and WPPIL No. 203 of 2020 has prima facie ruled that the fundamental right to life under Article 21 of the Constitution of India of Van Gujjars families was being violated by the respondents. It would be pertinent to mention here that “Van Gujjars” are the largest forest-dwelling community in Uttarakhand. It must also be borne in mind that “Van Gujjars” have been residing in the forest areas for last more than hundred years.
While rightly, remarkably and rationally noting their lamentable condition, the Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma had very aptly remarked that, “It is, indeed, trite to state that Article 21 of the Constitution of India forbids the State from reducing the lives of its people below the animal existence. Every citizen not only has a right to live, but also has a right to live with dignity.”
To start with, this latest, learned, laudable and landmark judgement authored by Chief Justice Raghvendra Singh Chauhan for himself and Justice Alok Kumar Verma sets the ball rolling by first and foremost observing in the opening para 1 that, “A supplementary affidavit has been filed by Mr. Arjun Kasana, the petitioner, party-in-person. According to Mr. Kasana, “Van Gujjars” are the largest forest dwelling community in Uttarakhand. “Van Gujjars” have been residing in the forest areas for last more than hundred years. During this part of the year, they come down to the lower areas. of the State. A few of the families of the “Van Gujjars” have migrated to Govind Pashu Vihar National Park, Uttarkashi. Since these families are valid permit holders of the Park, they should be permitted to enter the park to eke out their living in the forest itself. However. ever since they have reached the Park, they are not being permitted to enter the Park by the Deputy Director of the Park, Mr. Komal Singh. Therefore, these families are forced to live in open tents under the sky. Moreover, due to the Covid-19 pandemic and due to the lock-down, these families cannot sell their milk to the neighbouring villages. Thus, these families are reduced to hand to mouth existence. In fact, their lives have been reduced to “below animal existence”. For, they have neither any shelter to live in, nor any economic means to survive. Hence, the petitioner, party-in-person, prays that immediate arrangements should be made for these families by the District Magistrate, and by the Deputy Director of the Park.”
To say the least, the Bench then stipulates in para 2 that, “On the other hand, Mr. S.N. Babulkar, the learned Advocate General, informs this Court that migration of these persons may endanger the wildlife within the Park. For, Corona Virus may spread from human beings to animals. Hence, until and unless the families are declared to be negative in Corona Virus test, they cannot be permitted to enter the Park.”
Furthermore, the Bench then specifies in para 3 that, “In rejoinder, Mr. Kasana submits that it is the duty of the Government to test these persons, and if they are found to be negative, then they should be permitted to enter the Park. Till they are tested, a reasonable arrangement should be made to save their lives. According to Mr. Kasana, under Article 21 of the Constitution of India these persons have as much right to live as any other citizen. In order to buttress his plead, Mr. Kasana has submitted certain photographs along with the Supplementary Affidavit.”
More revealingly, the Bench then puts forth in para 5 after hearing both the sides that, “A bare perusal of the photographs submitted with the Supplementary Affidavit clearly reveal that families are forced to live in open tents, in open field, under the open sky. The photographs also show small children, and new born babies, being wrapped in blankets, and sleeping on the ground. The photographs also reveal that some cattle are tied next to the tent, and some cattle have died.”
Most remarkably, the Bench then minces no words to hold in para 6 that, “It is, indeed, trite to state that Article 21 of the Constitution of India forbids the State from reducing the lives of its people below the animal existence. Every citizen not only has a right to live, but also has a right to live with dignity. However, it seems that the callous attitude of the Deputy Director of the Park, and of the Civil Administration has forced these families to survive in conditions, which are below the animal existence.”
Be it noted, the Bench then minces no words to hold in para 7 that, “Therefore, prima facie, the fundamental right to life under Article 21 of the Constitution of India is being violated by the respondents. Therefore, this Court directs the Collector, District-Uttarkashi and the Deputy Director of the Park to ensure that these families are comfortably accommodated in “Pacca houses”. They shall be provided with food, water, and medicines. They shall also be provided with fodder for their cattle. It is further directed that all the families shall be tested for Covid-19. In case, they are found to be negative, and if they are valid permit holders, arrangements shall be made to permit them to enter the Park for the duration allowed by law.”
As it turned out, the Bench then directs in para 8 that, “The District Magistrate, District-Uttarkashi, and the Deputy Director of the Park are directed to submit their reports with regard to the substantial steps taken by them to implement the directions issued by this Court. The said reports shall be submitted on or before 15th June, 2021.”
As we see, the Bench then directs in para 9 that, “Let a certified copy of this order be furnished to the parties, on payment of the prescribed charges, today itself.” Finally. It is then held in the last para 10 that, “List this case on 16.06.2021.”
Of course, we have to keep our fingers crossed till the case reaches its logical conclusion and is finally decided. But one thing is for sure : The Division Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma of Uttarakhand High Court have thus laid bare as to how the Van Gujjar families are compelled to survive in conditions below animal existence. It is a no- brainer that the Uttarakhand High Court has very rightly directed the government to provide them food, houses, medicines etc. It has also very rightly espoused that the lives of the people cannot be reduced below the animal existence and ever citizen not only has a right to live, but also has a right to live with dignity. Very rightly so!
Sanjeev Sirohi, Advocate
