Can the Centre Really Deny Loan Waiver to Wayanad Victims Due to Deleted Provisions?
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Synopsis
The Kerala High Court has challenged the Centre's claims of powerlessness regarding loan waivers for Wayanad's landslide victims. With lives lost and properties destroyed, the court insists that legal provisions should not hinder essential support for affected families. Will the Union Government respond positively?
Key Takeaways
- The Kerala High Court challenges the Centre's claims of powerlessness.
- The court insists that legal provisions should not hinder essential aid.
- 200 lives were lost in the Wayanad landslides.
- The Union Government retains authority under Article 73.
- The court expects a decision from the Centre within three weeks.
Kochi, June 13 (NationPress) The Kerala High Court expressed strong disapproval towards the Centre, asserting that the Union government cannot claim to lack the authority to implement a loan waiver for the Wayanad landslide victims just because Section 13 has been removed from the Disaster Management Act.
The division bench, comprising Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj, made this pointed observation during a suo motu hearing initiated by the High Court following the devastating landslides in Wayanad, which obliterated four villages on July 30 last year.
Tragically, at least 200 lives were lost, and 32 individuals remain unaccounted for due to the landslides that inflicted extensive damage to properties in the affected villages.
The High Court expressed frustration after the Central government submitted an affidavit claiming that they could not authorize a loan waiver under Section 13 of the Disaster Management Act due to its recent omission.
Justice Nambiar remarked, "We are discussing the executive government of the Union. This argument holds no weight because you have Article 73 of the Constitution. Please do not assert that the Union Government is powerless in a country that operates as a quasi-federal system where residual authority resides with the Union. While we can understand a reluctance to act, at least have the fortitude to admit that you are choosing not to. Do not hide behind legal provisions to claim that you lack power."
The Court further emphasized that while the amendment may have stripped the National Disaster Management Authority of the ability to mandate a loan waiver, the Union still possesses that authority independent of the Disaster Management Act.
Additional Solicitor General L. Sundaresan acknowledged that the Centre might retain this authority but insisted it was ultimately a policy decision.
“(Article) 73, the executive power, applies to anything the Government can undertake… However, my Lord, it is a policy decision they must make… While it cannot be contested that the power exists, the question remains whether they will exercise it in such a scenario,” Sundaresan stated.
The court has requested a definitive response from the Union Government regarding the loan waiver decision within three weeks, after which the case will be revisited.
Point of View
We stand firmly with the nation in advocating for the rights and needs of disaster-affected communities. The Kerala High Court's stance underscores the importance of governmental accountability in times of crisis, ensuring that legal technicalities do not impede essential assistance for those suffering.
NationPress
14/06/2025
Frequently Asked Questions
What is the significance of the Kerala High Court's ruling?
The ruling emphasizes that legal amendments should not prevent necessary support for disaster victims, urging the Centre to take responsibility.
How many lives were lost in the Wayanad landslides?
At least 200 lives were tragically lost during the Wayanad landslides, with 32 individuals still unaccounted for.
What did the Central government argue regarding the loan waiver?
The Central government argued that it could not direct a loan waiver due to the omission of Section 13 from the Disaster Management Act.
What is Article 73 of the Constitution?
Article 73 grants the Union Government the executive power to make decisions on matters within its jurisdiction, highlighting its authority.
What action did the court request from the Union Government?
The court requested a response from the Union Government regarding the loan waiver decision within three weeks.
