Kerala High Court’s Directive on Freedom Fighters’ Welfare
In a significant ruling on Tuesday, the Kerala High Court urged both the Central and State governments to consider establishing a special welfare fund dedicated to living freedom fighters. This directive came in response to the public interest litigation (PIL) filed by Sabu Stephen, aimed at enhancing the welfare and recognition of freedom fighters in Kerala [Sabu Stephen v Union of India & ors].
The Division Bench, which included Chief Justice Soumen Sen and Justice Syam Kumar VM, suggested that the fund could also allow for public contributions, enhancing the support available to these national heroes. The Court’s observations came while disposing of the PIL which, among other things, sought measures to honor freedom fighters on the upcoming 80th Independence Day, celebrated on August 15.
Current Status of Freedom Fighters in Kerala
Sabu Stephen highlighted that there are approximately 60 freedom fighters currently residing in Kerala. Of these, 27 receive pensions from the Central government, while 33 benefit from the Kerala Freedom Fighters Pension Scheme. He emphasized the advanced age of these individuals, noting that they are over 90 years old and in no condition to participate in public events. Stephen expressed concern over their overlooked contributions, stressing the urgency of recognizing them before their numbers dwindle further.
Court’s Position and Recommendations
While acknowledging the PIL’s lack of specificity and the absence of freedom fighters as direct petitioners, the Court appreciated the petitioner’s efforts to highlight their cause. However, it found no evidence suggesting that the freedom fighters were being denied necessary medical care.
In its order, the Court directed the State government to consider implementing a minimum monthly pension of ₹50,000 under the State scheme, recognizing the freedom fighters’ significant contributions to India’s independence. Furthermore, the Court recommended creating a portal with updated information on all living freedom fighters, facilitating their access to available welfare schemes.
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The Court also urged both the Central and State governments to deliberate on establishing a special welfare fund for freedom fighters, allowing for public contributions to further support these individuals. The rationale was to acknowledge and honor the sacrifices made during the freedom struggle.
Legal Representation and Next Steps
NS Daya Sindhu Shree Hari, the Additional Standing Counsel for the Central Board of Indirect Taxes and Customs (CBIC), represented the Union in this case.
The Kerala High Court’s directive underscores the importance of acknowledging and supporting the nation’s freedom fighters, ensuring they receive the recognition and assistance they deserve for their invaluable role in India’s independence.
