In a significant development, the Madras High Court has questioned the State government and urged it to reconsider the decision to give ₹10 lakh as compensation to families of victims who lost their lives in the Kallakurichi hooch tragedy. The bench comprising Acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq expressed reservations about the amount being too high and questioned the rationale behind such compensation.
“Why should the family be encouraged? You’re paying ₹10 Lakh. That is encouragement. If a person dies of an accident, you can give compensation. But not in this case. ₹10 Lakh is too much. You need to sit with the secretaries and figure out another mechanism,” remarked the court, emphasizing its concern over setting such precedents. Acting Chief Justice Mahadevan further suggested exploring alternative mechanisms for assistance rather than direct monetary compensation.
The court’s directive came during the hearing of a petition filed by Mohamed Ghouse, Secretary of the Welfare Party, who argued against providing compensation to those who consumed illicit liquor, citing it as an illegal act leading to their demise. Ghouse contended that such individuals should not be considered victims deserving of state solatium, which traditionally applies to accident victims.
Ghouse asserted that the State government’s decision to allocate ₹10 lakh to families of the deceased and ₹50,000 to those undergoing treatment was unreasonable and arbitrary. He also criticized the State for failing to justify why it offered lower solatium to victims of fire accidents or other accidents while allocating a substantial amount to victims of the hooch tragedy.
Furthermore, he argued that those who consumed illicit liquor were not akin to freedom fighters or social activists sacrificing their lives for the greater good of society. Therefore, he urged that individuals who consumed illicit liquor should be denied compensation and should not be regarded as victims deserving of state aid.
The court declined the State’s plea to link this petition with others seeking a CBI inquiry into the hooch tragedy, noting the distinct nature of the relief sought in each case. The matter has been adjourned for further consideration after two weeks.
The tragedy killed at least 65 people and several others lost eyesight, many are still being treated at hospitals.
(with inputs from LiveLaw)
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