Case BriefsHigh Courts

Madras High Court: The Division Bench of Sanjib Banerjee, CJ and Senthilkumar Ramamoorthy, J., addressed an issue wherein the association of fishermen sought compensation and jobs for the family of deceased fishermen who were recently killed by an attack apparently at the hands of the Sri Lankan navy. 

“There should be no duplication of job opportunities, but the appropriate departments of the State and the Centre may coordinate and provide adequate compensation in the wake of the untimely deaths of the four fishermen.”

Background

The association of fishermen sought to espouse the cause of the four local fishermen who were recently killed by an attack at the hand of the Sri Lankan Navy for allegedly straying beyond the territorial waters of India.

The two aspects involved in the present matter are as follows:

  • Compensation and Jobs for the family of the deceased fishermen
  • Appropriate Police Station to conduct the investigation into the deaths of the four fishermen.

With regard to the jobs to legal heirs and compensation demanded, the petitioner shall approach the Department of Fisheries of the Union Ministry of Agriculture and Farmers Welfare and Department of the Animal Husbandry and Fisheries under the State Government.

Bench stated that the State and Central Government may coordinate and provide adequate compensation in the wake of the untimely deaths of the 4 fishermen.

Investigation

The Centre and the State should coordinate to specify a particular authority, in accordance with law, that would head the investigation and bring the matter to a logical end by giving a due closure so that the families of the deceased fishermen are aware of the circumstances in which the four died.

High Court in view of the above disposed of the present petition.[Fisherman Care v. Union of India, 2021 SCC OnLine Mad 1291, decided on 22-03-2021]


For Petitioner: Mr L.P.Maurya

For Respondents: Mr S.Janarthanam CGSC for respondent Nos. 1 to 4

: Mr V.Jayaprakash Narayanan State Government Pleader for respondent No.5

Tribunals/Commissions/Regulatory Bodies

“The National Human Rights Commission is disturbed over the killing of more than 40 CRPF personnel in a terrorist attack on their convoy near Awantipora on the Srinagar-Jammu highway on the 14th February 2019 and condemns it. The scourge of terrorism is one of the major factors leading to violation of human rights in our society.

The Commission firmly believes that the acts of terrorism are an anti-thesis to the struggle for the protection of human rights. A loss of life of any innocent person, whether in force or a civilian, is a matter of violation of human rights.

Being an apex institution, committed to the promotion and protection of human rights of all, the NHRC, India appeals all to stand up in condemning such incidents that lead to death and destruction in place of brotherhood, development, peace, progress and prosperity. If we can question and make the security forces accountable for failing in their duties, we must also make those accountable who violate the human rights of the security forces committed towards nation building.

It is expected that the State will take note of the supreme sacrifice made by the personnel of CRPF in maintaining the rule of law and creating an environment of peace and security in the country, and the aggrieved families would be suitably compensated.”

[Press Release dt. 19-02-2019]

NHRC